HomeMy WebLinkAbout2016.01.04 Council Meeting PacketPage
Regular Meeting
1. CALL TO ORDER:
2. ROLL CALL:
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
(a) Pledge of Allegiance
(b) Election of Mayor
(c) Election of Mayor Pro -Tem
January 4, 2016
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 Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
5-10 (a) Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated December
7, 2015
11 -12 (b) Bills and Communications
To approve claims in the total amount of $10,611,556.46 ($2,447,949.44 in
Check Nos. 207290-207723; $1,576,919.41 in Electronic Transfer Nos.
808372, 808376, 808380-808467, 808469-808638, 808674, 808677-808713,
808718-808719, 808721, 808736; $99,973.06 in Check Nos. 48845-48898;
$1,486,726.17 in Electronic Transfer Nos. 30089089-30090037;
$4,999,988.38 in Electronic Transfer Nos. 205, 208-210).
13 -18 (c) 1 Easement Vacation: Broadmoor Terrace, Phase 1 (MF# VAC 2015-
018)
To approve Resolution No. 3675, setting 7:00 P.M., Monday, February 1,
2016, as the time and date to conduct a public hearing to consider vacating
the east/west easement between Lots 18-25, Block 1, and Lot 2, Block 2,
Broadmoor Terrace, Phase 1.
19-24 (d) I Easement Vacation: First Place (MF# VAC 2015-021)
Page 1 of 141
25-36
37-61
62-94
Regular Meeting
January 4, 2016
To approve Resolution No. 3676, setting 7:00 P.M., Monday, February 1,
2016, as the time and date to conduct a public hearing to consider vacating
the 20 -foot sanitary sewer easement along the southern boundary of the First
Place subdivision as recorded under Auditors File Number 1626377.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) I Annexation: Thorne Annexation (MF# ANX 2016-001)
MOTION: I move to approve Resolution No. 3677, accepting a Notice of
Intent to commence annexation proceedings for the Thorne Annexation,
providing a determination on the boundary to be annexed and whether
simultaneous zoning and the assumption of bonded indebtedness will be
required.
(b) ® Preliminary Plat: Ellie Estates (MF# PP 2015-003)
MOTION: I move to approve Resolution No. 3678, approving a
Preliminary Plat for Ellie Estates.
(c) ® Special Permit: AT&T Wireless Facility (MF# SP 2015-013)
MOTION: I move to approve Resolution No. 3679, approving a Special
Permit for the location of wireless communication facilities at 9915 W.
Page 2 of 141
95- 120
121 - 136
137 - 141
Regular Meeting
January 4, 2016
Argent Road as recommended by the Planning Commission.
(d) *Q Special Permit: Redevelopment of Mark Twain Elementary School
Parking Lots (MF# SP 2015-012)
MOTION: I move to approve Resolution No. 3680, accepting the Planning
Commission's recommendation and approving a special permit for the
redevelopment of parking lots at Mark Twain Elementary School.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
(a) * Washington Traffic Safety Commission - Grant Acceptance
MOTION: I move to approve the Interagency Agreement with the
Washington Traffic Safety Commission and, further, authorize the City
Manager to execute the agreement.
(b) * Citywide Traffic Signal Improvements Project
MOTION: I move to approve the division of the Citywide Traffic Signal
Improvements Project into two phases and, further, move to include both
projects in the City's 2016-2021 Capital Improvement Plan.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi -Judicial Matter
MF# "Master File #...."
REMINDERS:
1:30 p.m., Monday, January 4, KGH — Emergency Medical Services Board
Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
11:45 a.m., Tuesday, January 5, Pasco Holiday Inn Express — Pasco Chamber of
Commerce Membership Luncheon. (Ag Hall of Fame Inductee Announcement.
Keynote Presenter: Chuck Studer, John Deere)
Page 3 of 141
Regular Meeting
January 4, 2016
12:00 p.m., Wednesday, January 6, 2601 N. Capitol Avenue — Franklin County
Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.;
AL YENNEY, Alt.)
This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 4 of 141
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 12.07.15
December 8, 2015
Regular Meeting: 1/4/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Meeting dated December 7, 2015
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 141
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL DECEMBER 7, 2015
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann,
Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Richard Terway, Administrative & Community
Services Director; Rick White, Community & Economic Development
Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief
and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
Oath of Office
Debbie Clark, City Clerk, administered the Oath of Office to Councilmembers:
Al Yenney (District 1); Rebecca Francik (District 5); Matt Watkins (At -Large,
Position 6).
CONSENT AGENDA:
Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated November 16,
2015
Approval of Minutes
To approve the Minutes of the Pasco City Council Special Meeting dated
November 30, 2015
Bills and Communications
To approve claims in the total amount of $5,729,118.98 ($2,064,869.38 in
Check Nos. 206788-206939; $412,725.53 in Electronic Transfer Nos. 808069-
808149; 808152-808153; 808155-808204; 808207-808210; 808212-808371;
$73,413.82 in Check Nos. 48743-48783; $1,170,310.25 in Electronic Transfer
Nos. 30088123-30089088; $2,007,800.00 in Electronic Transfer Nos. 198-
199).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$240,070.28 and, of that amount, authorize $158,410.06 be turned over for
collection.
Appointment to Downtown Pasco Development Authority
To reappoint Michael Miller to Position No. 8 on the Downtown Pasco
Development Authority (expiration date 12/20/19).
Page 1 of 5 Page 6 of 141
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 2015
Appointment of Members to Executive Committee of the Feasibility
Traffic Study for Interchanges
To appoint Councilmember Bob Hoffmann and Councilmember Al Yenney,
representing the City Council, a member representing the Planning
Commission, a member representing the Pasco Chamber of Commerce, a
member representing the Port of Pasco, and a member representing Columbia
Basin College for the Executive Committee of the Feasibility Traffic Study for
Interchanges and, further, authorize the Mayor to make such appointments.
Final Plat: Madison Park, Phase 1 (MF# FP 2015-003)
To approve the Final Plat for Madison Park, Phase 1.
Final Plat: Broadmoor Terrace, Phase 1 (MF# FP2015-007)
To approve the Final Plat for Broadmoor Terrace, Phase 1.
Final Plat: Linda Loviisa Division 2, Phase 5 (MF# FP 2015-006)
To approve the Final Plat for Linda Loviisa, Division 2, Phase 5.
Gordon Thomas Honeywell Federal Legislative Consulting Agreement
To approve the Agreement with Gordon Thomas Honeywell Governmental
Affairs for Federal Legislative Consultant Services and, further, authorize the
City Manager to execute the Agreement.
2016 Legislative Priorities
To approve Resolution No. 3672, declaring the City's Legislative Priorities for
the 2016 session of the Washington State Legislature.
Cancelation of Council Meetings
To cancel the December 14 and 28 Workshop meetings and the December 21
regular meeting.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr.
Garrison seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney participated in the Pasco School District Enterprise Week.
Mr. Martinez reported on the Park and Recreation Advisory Board Meeting.
Ms. Francik attended a presentation at Ruth Livingston Elementary School and
the Tri -Cities Elected Leaders Reception.
Mr. Hoffmann attended the Franklin County Mosquito Control District Board
meeting.
Mayor Watkins noted he and Mr. Zabell were guests on Christine Brown's radio
program.
Page 2 of 5 Page 7 of 141
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 2015
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
2015 Operating & CIP End -of -Year Budget Amendment
Mayor Watkins declared the Public Hearing open to consider the proposed
budget amendments.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4255, amending the
2015 Annual Operating Budget of the City of Pasco by providing supplement
thereto; by appropriating revenue received in excess of estimated revenues for
the current year and by providing transfers and adjustment authority and,
further, authorize publication by summary only. Mr. Yenney seconded. Motion
carried unanimously.
MOTION: Ms. Francik moved to adopt Ordinance No. 4256, amending the
2015 Capital Improvement Projects Budget, by providing a budget supplement
thereto; and, further, authorize publication by summary only. Mr. Martinez
seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Regulation of Hotels and Rooming Houses
MOTION: Ms. Francik moved to adopt Ordinance No. 4257, amending PMC
Chapter 5.40 "Hotels and Rooming Houses" and, further, authorize publication
by summary only. Mr. Garrison seconded. Motion carried unanimously.
Location of Wireless Communication Facilities in a C-1 Zone (MF# SP
2015-014)
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3673, approving a
special permit for the location of wireless communication facilities at the
southwest corner of W. Court Street and Road 68, as recommended by the
Planning Commission. Mr. Garrison seconded. Motion carried 6-1. No -
Larsen.
2016 Ad Valorem Tax Levy - Declaration of Substantial Need
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3674, authorizing
the increase in property tax revenues and declaration of substantial need as
provided by RCW 84.55.0101. Mr. Yenney seconded. Motion carried
unanimously.
2016 Operating & Capital Projects Budget Ordinances - Second Reading
Council and staff discussed the proposed 2016 budgets.
MOTION: Ms. Francik moved to adopt Ordinance No. 4250, approving the
City of Pasco Annual Operating Budget for the Year 2016 and, further,
authorize publication by summary only. Mr. Garrison seconded. Motion carried
6-1. No - Hoffmann.
Page 3 of 5 Page 8 of 141
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 2015
MOTION: Ms. Francik moved to adopt Ordinance No. 4251, approving the
City of Pasco Capital Projects Budget for the Year 2016 and, further, authorize
publication by summary only. Mr. Garrison seconded. Motion carried
unanimously.
Non -Represented Wage and Salary Plans
Council & staff discussed the details of the proposed ordinances.
MOTION: Ms. Francik moved to adopt Ordinance No. 4258, providing for
certain adjustments in the non -represented, non -management wage plan
beginning January 1, 2016 and, further, authorize publication by summary only.
Mr. Garrison seconded. Motion carried 5-2. No - Hoffmann, Larsen.
MOTION: Ms. Francik moved to adopt Ordinance No. 4259, providing for
certain adjustments in the management salary plan beginning January 1, 2016
and, further, authorize publication by summary only. Mr. Garrison seconded.
Motion carried 6-1. No - Hoffmann.
NEW BUSINESS:
Furniture/Fixtures/Equipment (FFE) for Police Facility
MOTION: Ms. Francik moved to authorize acceptance of the bid from Custom
Office Design for specialty furniture for the Police Community Services
Building in the total estimated cost of $201,269. Mr. Martinez seconded.
Motion carried 6-1. No - Larsen.
MOTION: Ms. Francik moved to authorize additional design services in the
amount of $62,500 for furniture, fixture and equipment with Terence Thornhill,
Architect for the Police Community Services Building. Mr. Garrison seconded.
Motion carried unanimously.
Professional Services Agreement with C112M for Process Water Reuse
Facility Engineering Report and Facility Plan
MOTION: Ms. Francik moved to approve the Professional Services
Agreement for the Process Water Reuse Facility Engineering Report and
Facility Plan with CH2M and, further, authorize the City Manager to execute
the agreement. Mr. Garrison seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell updated Council on DNR's progress with the second attempt to
auction their property near Road 68.
Ms. Francik inquired when the Community Forums will be held.
Mr. Zabell noted the cost of recent ice/snow storms was $15,000.
Chief Metzger reported on the 'Cops and Kids' Christmas shopping event.
Mr. Zabell reported the Downtown Christmas Tree Lighting event will be held
on December 12 from 5:30 - 8:00 pm.
Page 4 of 5 Page 9 of 141
REGULAR MEETING
ADJOURNMENT:
MINUTES
PASCO CITY COUNCIL DECEMBER 7, 2015
There being no further business, the meeting was adjourned at 7:44 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
PASSED and APPROVED this 4th day of January, 2016
Page 5 of 5 Page 10 of 141
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 01.04.16
December 31, 2015
Regular Meeting: 1/4/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $10,611,556.46 ($2,447,949.44 in Check Nos.
207290-207723; $1,576,919.41 in Electronic Transfer Nos. 808372, 808376, 808380-
808467, 808469-808638, 808674, 808677-808713, 808718-808719, 808721, 808736;
$99,973.06 in Check Nos. 48845-48898; $1,486,726.17 in Electronic Transfer Nos.
30089089-30090037; $4,999,988.38 in Electronic Transfer Nos. 205, 208-210).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 11 of 141
CITY OF PASCO
Council Meeting of: January 6, 2016
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as
described herein and that the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Rick Terway, A&CS Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on
this
6th day of January 2016 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank Payroll Bank Gen'[ Bank Electronic Bank
Combined
Check Numbers 207290-207723 48845-48898
Total Check Amount $2,447,949.44 $99,973.06 Total Checks $
2,547,922.50
Electronic Transfer Numbers 808372 30089089-30090037 205
808376 208-210
808380-808467
808469-808638
808674
808677-808713
808718-808719
808721
808736
Total EFT Amount $1,576,919.41 $1,486,726.17 $4,999,988.38 Total EFTs $
8,063,633.96
Grand Total $
10,611,556.46
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
5,450,993.32
STREET
245,819.09
ARTERIAL STREET
0.00
STREET OVERLAY
18,818.48
C. D. BLOCK GRANT
28,406.01
HOME CONSORTIUM GRANT
11,544.34
NSP GRANT
223.30
KING COMMUNITY CENTER
3,886.74
AMBULANCE SERVICE
31,912.88
CEMETERY
6,408.37
ATHLETIC PROGRAMS
10,190.32
GOLF COURSE
65,027.04
SENIOR CENTER OPERATING
5,092.36
MULTI MODAL FACILITY
3,443.41
SCHOOL IMPACT FEES
69,929.00
RIVERSHORE TRAIL & MARINA MAIN
270.33
SPECIAL ASSESSMNT LODGING
20,792.62
LITTER CONTROL
944.60
REVOLVING ABATEMENT
2,325.97
TRAC DEVELOPMENT & OPERATING
20,240.13
PARKS
0.00
ECONOMIC DEVELOPMENT
12,116.87
STADIUM/CONVENTION CENTER
10,408.63
LID
425.00
GENERAL CAP PROJ CONSTRUCTION
493,836.74
WATER/SEWER
969,631.64
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
45,388.32
EQUIPMENT RENTAL - OPERATING BUSINESS
9,748.51
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
0.00
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
0.00
MEDICAL/DENTAL INSURANCE
385,449.98
FLEX
5,295.95
PAYROLL CLEARING
2,682,986.51
GRAND TOTAL ALL FUNDS $
10,611,556.46
Page 12 of 141
AGENDA REPORT
FOR: City Council December 28, 2015
TO: Dave Zabell, City Manager Regular Meeting: 1/4/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Easement Vacation: Broadmoor Terrace, Phase 1 (MF# VAC 2015-018)
I. REFERENCE(S):
Overview Map
Vicinity Map Proposed
Resolution Vacation
Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , setting 7:00 P.M., Monday,
February 1, 2016, as the time and date to conduct a public hearing to consider vacating
the east/west easement between Lots 18-25, Block 1, and Lot 2, Block 2, Broadmoor
Terrace, Phase 1.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Broadmoor Park No. 1 platted in 1967 contained a 10 foot utility easement along its
southern boundary. When a portion of Broadmoor Park No. 1 was replatted as
Broadmoor Terrace (12/9/15) this 10 foot easement carried over to the new plat. The
easement was not identified by the surveyor in time to have it vacated prior to the
recording of Broadmoor Terrace Phase 1. Although the easement provides no obstacle
for the placement of homes on lots it could cause difficulties for the placement of
storage sheds in rear yards. The developer of Broadmoor Terrace has petitioned for the
vacation of the easement.
Page 13 of 141
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 February 1, 2016.
V. DISCUSSION:
Page 14 of 141
Vicinity Item: Broadmoor Terrace Easement Vac.
Applicant: Big Creek Land Co. LLC N
Map File #: VAC 2015-018
RESOLUTION NO.
A RESOLUTION SETTING 7:00 PM, MONDAY, FEBRUARY 1, 2016 AS THE
TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER VACATING THE
EAST/WEST EASEMENT BETWEEN LOTS 18-25, BLOCK 1, AND LOT 2, BLOCK
2, BROADMOOR TERRACE PHASE 1.
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 easements; 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/west easement between Lots 18-25,
Block 1, and Lot 2, Block 2, Broadmoor Terrace Phase 1, 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 February 1, 2016. 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 4r" day of January, 2016.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark,
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 17 of 141
CITY OF PASCO
FEE $200
i
STREET/ALLEY VACATION PETITION
MASTER FILE # � .� ! S -ti/7 DATE SUBhIiiTTED: /f� /� �t]Il
1, 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:
D
APPLICANT: PROPERTY OWNED (Legal Description)
Print Name: Alb SSL r- r -
Sign Name:
Address: If2cA
Phone # r�rf- Date
Print Name:
Sign Name:
Date
Print Name:
Sign Name:
Date
Print Name:
Sign Name:
Date
Print Name:
Sign Name:
Date
Page 18 of 141
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Easement Vacation: First Place (MF# VAC 2015-021)
I. REFERENCE(S):
Overview Map
Vicinity Map Proposed
Resolution Vacation
Vacation Petition
December 28, 2015
Regular Meeting: 1/4/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , setting 7:00 P.M., Monday,
February 1, 2016, as the time and date to conduct a public hearing to consider vacating
the 20 -foot sanitary sewer easement along the southern boundary of the First Place
subdivision as recorded under Auditors File Number 1626377.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 2004 the City installed a major sewer trunk line extending north from Argent Road
to Burden Boulevard through farm fields that had not yet been developed. A sanitary
sewer easement was established for the benefit of the sewer line. Those fields are now
developed with the First Place subdivision and the Linda Loviisa subdivision. The
sewer line through Linda Loviisa falls conveniently under Madison Avenue. However,
a portion of the trunk line within First Place could not be accommodated within a street
and as a result there is now a sewer easement through a number of lots. One lot has
been rendered unbuildable due to the easement.
Page 19 of 141
As First Place was being built the developer relocated the trunk line along the southern
boundary of the plat to Tamarisk Drive. The sewer line in the easement has been
disconnected from the system and abandoned. The easement is no longer needed for
the abandoned sewer line.
Requests for the vacation of right-of-way or easements can be initiated by a petition
from property owners or by the City Council. In this case staff is recommending the
Council initiate the vacation process.
V. DISCUSSION:
Page 20 of 141
Overview Item: First Place Sewer Easement Vacatio
Applicant: City of Pasco N
Map File #: VAC 2015-021
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Vicinity Item: First Place Sewer Easement Vacatio
Applicant: City of Pasco N
Map File #: VAC 2015-021
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ARGENT RD
RESOLUTION NO.
A RESOLUTION SETTING 7:00 PM, MONDAY, FEBRUARY 1, 2016 AS THE
TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER VACATING THE 20 -
FOOT SANITARY SEWER EASEMENT ALONG THE SOUTHERN BOUNDARY
OF THE FIRST PLACE SUBDIVISION AS RECORDED UNDER AUDITORS FILE
NUMBER 1626377.
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 easements; 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 20 -foot sanitary sewer easement along the
southern boundary of the First Place subdivision as recorded under Auditors File Number
1626377, 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 February 1, 2016. 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 1St day of February, 2016.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark,
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 23 of 141
Exhibit Item' First Place Sewer Easement
Applicant: City of Pasco
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AGENDA REPORT
FOR: City Council December 28, 2015
TO: Dave Zabell, City Manager Regular Meeting: 1/4/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Annexation: Thorne Annexation (MF# ANX 2016-001)
L REFERENCE(S):
Overview Map
Vicinity Map
Proposed Resolution
Notice of Intent to Commence Annexation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , accepting a Notice of Intent
to commence annexation proceedings for the Thorne Annexation, providing a
determination on the boundary to be annexed and whether simultaneous zoning and
the assumption of bonded indebtedness will be required.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Marele and Denis Thorne, owners of a parcel of land in the 3400 block of Road 68
through R & D Partnership, have filed a Notice of Intent to commence the process of
annexing to the City.
The Notice of Intent has been reviewed by staff, and has been determined to contain
sufficient signatures to initiate the annexation process. Notices of Intent are required to
contain the signatures of property owners representing at least 10 percent of the
assessed value of an area proposed for annexation. In this case, the Notice of Intent
contains the signatures of 100 percent of the ownership within the proposed annexation
Page 25 of 141
area.
V. DISCUSSION:
The petition method of annexation requires the Council to set a date for a public
meeting within sixty days of receipt of a Notice of Intent to begin annexation
proceedings. Public meetings to consider Notices of Intent to Annex have either been
placed on a regular Council Agenda by staff or through a motion of the City Council.
This annexation is part of a larger project involving an adjoining parcel within the City.
Due to issues related to extending utility services under the FCID canal time is of the
essence. Rather than possibly delaying the project staff has placed this item on the
agenda for consideration in a public meeting.
The petition method of annexation requires the Council to address the following items
upon receipt of a Notice of Intent to begin the annexation:
1. Whether the City will accept or require modification of the proposed annexation
area;
2. Whether the City will require simultaneous adoption of zoning; and,
3. Whether the City will require the property to assume all or a portion of existing
City indebtedness.
The proposed resolution has been prepared following past practices of accepting the
proposed annexation area without requiring simultaneous zoning or the assumption of
bonded indebtedness. Zoning will be established following property owner notification
and a public hearing held (by the Planning Commission) separately from a Council
hearing on the future annexation.
Page 26 of 141
Item: Thorne Annexation
Vicinity
Applicant: R & D Partnership N
Map
File #. ANX 2016-001
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RESOLUTION NO.
A RESOLUTION ACCEPTING A NOTICE OF INTENT TO
COMMENCE ANNEXATION PROCEEDINGS FOR THE THORNE
ANNEXATION, PROVIDING A DETERMINATION ON THE BOUNDARY
TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE
ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED.
WHEREAS, the owners of property in the 3400 Block of Road 68 have filed a Notice of
Intent to annex to the City of Pasco; and
WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and
has determined annexation of the territory would support the provision of municipal services
within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS
FOLLOWS:
A) That the City will accept the proposed territory to be annexed as depicted in
Exhibit "I" and described in Exhibit "2" attached hereto.
B) That the territory to be annexed will not require simultaneous adoption of zoning
regulations. Zoning will be determined through a public hearing process with input from
affected property owners.
C) That the annexation area will not be required to assume any portion of existing
City bonded indebtedness.
PASSED by the City Council of the City of Pasco this 4"' day of January, 2016,
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Page 29 of 141
EXHIBIT
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Beginning at point on the west right-of-way line of Road 68, said point being
the intersection of the north line of Lot 1, Valley View Addition; Thence easterly
along the easterly projection of the north line of said Lot 1 to the east right-of-
way line of Road 68; Thence continuing easterly along the easterly projection of
said Lot 1 to the intersection with the west right-of-way line of Aintree Lane;
Thence southerly along said right-of-way line and the southerly projection
thereof to the intersection with the north right-of-way line of the Franklin
County Irrigation District Canal; Thence westerly along the north right-of-way
line of said canal right-of-way to the intersection with the east right-of-way line
of Road 68; Thence westerly along a line that intersects with the southeast
corner of Lot 10, Valley View Addition, said southeast corner also being a point
on the west right-of-way line of Road 68; Thence northerly along the west right-
of-way line of Road 68 to the point of beginning.
Page 31 of 141
NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in
value, according to the assessed valuation for general taxation of the
property for which annexation is sought, hereby advise the City Council
of the City of Pasco that it is the desire of the undersigned owners of the
following area to commence annexation proceedings.
The property herein referred to is described on Exhibit "1" attached
hereto and is depicted on Exhibit °2" further attached hereto.
It is requested that the City Council of the City of Pasco set a date not
later than sixty days after the filing of this request for a meeting with the
undersigned to determine:
(1) Whether the City Council will accept the proposed annexation;
and,
(2) Whether the City Council will require the assumption of existing
City indebtedness by the area to be annexed; and,
(3) Whether the City Council will require simultaneous zoning
This page is one of a group of pages containing identical text material
and is intended by the signers of this Notice of Intention to be presented
and considered as one Notice of intention and may be filed with other
pages containing additional signatures which cumulatively may be
considered as a single Notice of Intention.
Page 32 of 141
EXHIBIT
Thorne
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Annexation
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Beginning at paint on the west right-of-way line of Road 68, said point being
the intersection of the north line of Lot 1, Valley View Addition; Thence
easterly along the easterly projection of the north line of said Lot 1 to the east
right-of-way line of Road 68; Thence continuing easterly along the easterly
projection of said Lot 1 to the intersection with the west right-of-way line of
Aintree Lane; Thence southerly along said right-of-way line and the southerly
projection thereof to the intersection with the north right-of-way line of the
Franklin County Irrigation District Canal; Thence westerly along the north
right-of-way line of said canal right-of-way to the intersection with the east
right-of-way line of Road 68; Thence westerly along a line that intersects with
the southeast corner of Lot 10, Valley View Addition, said southeast corner also
being a point on the west right-of-way line of Road 68; Thence northerly along
the west right -of --way line of Road 68 to the point of beginning.
Page 34 of 141
1, Please print your name in addition to signing.
NAME A DD RF,SS DATE
a
Page 35 of 141
Affidavit of Signature for
Annexation Petitions for the City, of Pasco,
Washington
Under the penalty of penury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of R & D Partnership and f am further authorized to sign annexation
petitions on behalf of R & D Partnership, for the purpose of causing Franklin County Parcel #
I 1764 617 (3417 Road 68) to be annexed to the City of Pasco.
f
'ig ature Date
State of��� )
}: ss.
County of
I certify that i know or have satisfactory evidence that PGr� 'L is the person
who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath
stated that �he/she) was authorized to execute the instrument and acknowledged it as
the-kk: fi of R & D Partnership to be the free and voluntary act of such party
for the uses and purposes mentioned in this instrument.
Given under trty hand and official seal this day of 1Ltit-)
a�rxps ; PHILIP S THURMAN
Notary Public a State of Ltab NOTA Y PUBLIC in and For the Mate of � G,
rt� �s Commission # 672029 Residing at: ",&th T-0 f , ur
COMM. EXP. 11.25-2€117 My Commission Expires:
Page 36 of 141
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
FROM: Shane O'Neill, Planner I
Community & Economic Development
SUBJECT: Preliminary Plat: Ellie Estates (MF# PP 2015-003)
I. REFERENCE(S):
December 28, 2015
Regular Meeting: 1/4/16
Vicinity Map
Proposed Resolution
Preliminary Plat
Report to the Planning Commission
Planning Commission Minutes Dated: 10/15/2015, 11/19/2015 & 12/17/2015
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , approving a Preliminary Plat
for Ellie Estates.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On October, 20, 2015 and November 17, 2015 the Planning Commission conducted a
public hearing to develop a recommendation for the City Council on the preliminary
plat for Ellie Estates. The proposed preliminary plat is located adjacent to Road 84
south of the Franklin County Irrigation District irrigation canal.
Following the conduct of a public hearing, the Planning Commission determined that
with conditions, the preliminary plat could be recommended for approval. The
recommended conditions are contained in the attached resolution.
No written appeal of the Planning Commission's recommendation has been received.
Page 37 of 141
V. DISCUSSION:
Page 38 of 141
Vicinity
Map
Item: Preliminary Plat - Ellie Estates
Applicant: Ilya Parkhotyuk
File #: PP 2015-003
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RESOLUTION NO.
A RESOLUTION APPROVING A PRELIMINARY PLAT
FOR ELLIE ESTATES.
WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing
property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated on that portion of the southeast quarter of
Section 17, Township 9 North, Range 29 East, WM, lying southerly of the southerly right-of-way line of
the Franklin County Irrigation District No. 1 main canal; parcel numbers 118130059, 118160016 &
118130041, have requested approval of a preliminary plat; and,
WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Ellie
Estates; and,
WHEREAS, following a public hearing, the Planning Commission found the proposed plat
promoted the general welfare of the community and recommended said preliminary plat be approved with
conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the preliminary plat for Ellie Estates located on that portion of the southeast quarter of Section 17,
Township 9 North, Range 29 East, WM, lying southerly of the southerly right-of-way line of the Franklin
County Irrigation District No. 1 main canal, is hereby approved with the following conditions:
1) At the time lots are developed, all abutting roads and utilities shall be installed and/or improved to
City standards as approved by the City Engineer. This includes, but is not limited to water, sewer
and irrigation lines, streets, street lights and storm water retention or management. Because Road
84 is an arterial street and school route sidewalks will be required along the frontage of Road 84. A
note shall be placed on the final plat stating sidewalks shall be required along the frontage of Lots
4-8 at the time building permits for homes are issued for said lots.
2) Approval condition #1 above shall also apply specifically to municipal water line extension in
Maple Drive. Prior to Final Plat approval the municipal water line serving the plat must be extended
and connected to the existing water line in Maple Drive currently terminating near the west line of
the site.
3) The developer must comply with PMC 26.04.115(B) and PMC 3.07.160 dealing with water rights
acquisition.
4) No utility vaults, pedestals, or other obstructions will be allowed at street intersections.
5) It shall be identified in the notes on the face of the final plat(s) that Lot 17 presents difficulties for
the placement of yard fencing.
6) All storm water is to be disposed of per City and State codes and requirements.
7) The developer shall insure active and ongoing dust, weed and litter abatement activities occur
during the construction of the subdivision and construction of dwellings thereon.
8) The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior
to approval of any construction drawings for the first phase of the subdivision.
9) The developer shall be responsible for the creation of record drawings. All record drawings shall
be created in accordance with the requirements detailed in the Record Drawing Requirements and
Page 40 of 141
Procedure form provided by the Engineering Division. This form shall be signed by the developer
prior to construction plan approval.
10) All engineering designs for infrastructure and final plat(s) drawings shall utilize the published City
of Pasco Vertical Control Datum and shall be identified on each such submittal.
11) The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise
required by the Franklin County PUD.
12) The final plat(s) shall contain a 10 -foot utility easement parallel to the north property line of Lots 5,
14 and 16 as required by the Franklin County PUD.
13) The final plat(s) shall contain the following Franklin County Public Utility District statement: "The
individual or company making improvements on a lot or lots of this Plat is responsible for
providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill
for the PUD's primary and secondary distribution system in accordance with PUD specifications;
said individual or company will make full advance payment of line extension fees and will provide
all necessary utility easements prior to PUD construction and/or connection of any electrical service
to or within the plat".
14) The Final Plat shall dedicate a 60 -foot right-of-way from the cul-de-sac bulb westerly connecting to
Maple Drive. Said right-of-way bordering Lots 1, 15 & 16 will not have to be improved until such
time that the existing accessory shop building is removed. Final Plat approval is not contingent
upon completion of Maple Drive improvements.
15) The final plat(s) shall contain the following statement: "A license is hereby granted authorizing the
detached accessory shop building contained on Lot 1 of this plat to remain in its current location as
indicated on this plat."
16) At such time the detached accessory shop building contained on Lot 1 is removed and Maple Drive
is improved the temporary cul-de-sac bulb may be vacated; returning land back to Lots 15, 16 & 17.
17) Prior to the City of Pasco accepting construction plans for review the developer must enter into a
Storm Water Maintenance Agreement with the City. The developer will be responsible for
obtaining the signatures of all parties required on the agreement and to have the agreement recorded
with the Franklin County Auditor. The original signed and recorded copy of the agreement must be
presented to the City of Pasco at the intake meeting for construction plans.
18) The developer will be required to comply with the City of Pasco Civil Plan Review process.
19) The developer/builder shall mitigate impacts to the Public School System by the "school impact
fee" established by Ordinance at the time of issuance of building permits for homes.
20) The developer/builder shall pay the "traffic impact fee" and "park fee" established by ordinance at
the time of issuance of building permits for homes.
Passed by the City Council of the City of Pasco this 4' day of January, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
2
Page 41 of 141
REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 2015-003 APPLICANT: Ilya Parkhotyuk
HEARING DATE: 10/ 15/2015 & 11/ 19/2015 785 Canyon St. Apt #304
ACTION DATE: 12/17/2015 Richland, WA 99352
BACKGROUND
REQUEST: Preliminary Plat: Ellie Estates
1. PROPERTY DESCRIPTION:
Legal: That portion of the northeast 1/4 of the southeast 1/4 of Section 17,
Township 9 North, Range 29 East WM, Franklin County, Washington;
lying southerly of the FCID canal and easterly of Sunset Manor and
Chiawana Estates; northerly of the easterly extension of Sterling Road
and less Lot 2 of Short Plat 2009-19.
General Location: 3600 Block of Road 84
Property 13.64 Acres
Number of Lot/ s Proposed: 22 single-family residential lots
Square Footage Range of Lots: 20,042 ft2 to 54,110 ft2
Average Lot Square Footage: 24,150 ft2
2. ACCESS: The property is accessible from Road 84.
3. UTILITIES: A municipal water line currently extends the length of the
property in Road 84. Municipal sewer lines currently terminate in Road
84 near the southeast corner of the site and another sewer line traverses
Road 84 approximately 130 feet north of the irrigation canal.
4. LAND USE AND ZONING: The site is zoned RS -20 (Suburban).
Surrounding properties are zoned and developed as follows:
NORTH: RS -20 - Single -Family Residences
SOUTH: RS -20 - Single -Family Residences and Church
Educational Facility
EAST: RS -20 - Mobile Home Park and High School
WEST: RS -20 - Single -Family Residences
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for Low -Density Residential development. Policy H -1-E
encourages the advancement of home ownership and Goal H-2 suggests
the City strive to maintain a variety of housing options for residents of
the community. Goal LU -2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and
enjoyable places to live.
Page 43 of 141
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 proposed plat encompasses 13.64 acres of land and contains 22 single-
family residential lots. This property was incorporated into the City in 2015
with the most recent "Road 80 Annexation". During the annexation process
RS -20 (Suburban) zoning was applied to the subject site without any additional
zoning restrictions.
The RS -20 zone permits single-family homes on lots no less than 20,000
square feet in area. Minimum setbacks for homes are as follows: front = 25',
sides = 10' and rear = 25'. The maximum permitted height of homes is thirty
five (35) feet.
The site is designated in the Comprehensive Plan for low-density residential
development which provides the option to develop single-family homes. The
overall density and average lot size between the proposed subdivision and
Chiawana Estates residential subdivision to the west are similar.
The site currently contains three single-family homes with a variety of
accessory structures. For many years the homes have been accessed via the
dirt FCID irrigation canal access road. Lots 1, 2 & 3 have each been designed
to contain said homes. In the proposed plat, Lot 1 will have road frontage on
Maple Drive to the west and Lots 2 & 3 will be accessible from the new,
centrally located, cul-de-sac.
LOT LAYOUT: The proposed plat contains 22 residential lots; with the lots
varying in size from 20,042 to 54,110 square feet. The average lot size is
24,150 square feet.
RIGHTS-OF-WAY: New public rights-of-way to be dedicated with the plat
include a north/ south oriented cul-de-sac through the center of the site and an
east/west oriented road connecting Sterling Road to Road 84. The cul-de-sac
will extend north from Sterling Road for an approximate distance of 619 -feet;
slightly extending west at the terminus. Seventeen (17) lots will be accessed
from the cul-de-sac. The cul-de-sac bulb will be noted as temporary on the
final plat for future dissolution. Right-of-way will be dedicated extending from
the bulb and connecting to Maple Drive to the west. At such time the existing
shop building on Lot 1 is eliminated the temporary cul-de-sac shall be
2
Page 44 of 141
dissolved and right-of-way improvements for that portion of Maple Drive be
completed. In ideal circumstances Maple Drive would extend from the westerly
edge of the proposed plat to Road 84. This extension would provide needed
looping of the water system and improve traffic circulation in and through the
neighborhood and would also provide some benefits to the surrounding
neighborhood by improving emergency vehicle access. Unfortunately the
County allowed one of the property owners to build a large shop accessory
structure at the end of Maple Drive blocking the easterly extension of Maple
Drive. Since the initial public hearing the cul-de-sac bulb has been
reconfigured to provide right-of-way frontage to Lot 1.
UTILITIES: Currently, a municipal water line is located in Road 84 extending
the entire length of the parcel. The municipal sewer line located in Road 84
terminates near the south end of the site. The developer will be responsible for
extending utilities into the plat. Due to the proximity of the site to existing
sewer lines it will be a requirement for municipal sewer to be extended into the
site to service each lot. Lots 1, 2 8v 3 will not be required to connect to
municipal sewer until such time that existing septic systems fail.
A utility easement will be needed along the first 10 feet of street frontage of all
lots. The final location and width of the easements will be determined during
the construction design phase of the platting process. The front yard setbacks
for construction purposes are larger than the requested easements; therefore
the front yard easements will not encroach upon buildable portions of the lots.
Additionally, Franklin County Public Utility District requires ten (10) foot wide
utility easements along the north property line of lots 5, 14 & 16.
The City Engineer will determine the specific placement of fire hydrants and
streetlights when construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and with a maximum interval of
500 feet between hydrants on alternating sides of the street. Streetlights are
not required in RS -20 zoning districts.
STREET NAMES: Site development will connect Sterling Road along the south
line of the plat. Sterling Road currently terminates into southwest corner of the
site. One additional public road extending north from Sterling Road will be
created in the form of a cul-de-sac approximately 588 -feet in length. A name
for the court will be assigned during the final platting process.
IRRIGATION: The municipal code requires installation of irrigation lines as a
part of infrastructure improvements. Franklin County Irrigation District (FCID)
provided comments on the plat related to the use of irrigation water from the
canal to the north. FCID will require all new lots to have separate irrigation
services and piping installed to each new lot, except lot 1 which will be served
from the main in Maple Drive. Servicing the development will require the
irrigation main in Road 84 to be tapped in five locations. Associated FCID
3
Page 45 of 141
easements will be required on the final plat. Upon completion of development
and prior to final acceptance by FCID, all fees must be paid and all as -built
drawings shall be presented to the District for acceptance.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval per Pasco Municipal Code Section 26.04.115(B) and
Section 3.07.160. If no water rights are available to transfer to the City the
property owner/ developer must pay a water right fee in lieu thereof. The Public
Works Director may waive the fee if the developer mixes a soil additive in the
ground that provides 30% retention of irrigation water. In this case there are
no water rights to deed to the City as a result the current fee will be required
before a final plat is approved.
FINDINGS OF FACT
State law (RCW 58.17. 110) and the Pasco Municipal Code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision
will protect and enhance the health, safety and general welfare of the
community. The following is a listing of proposed "Findings of Fact":
Prevent Overcrowding: With an average lot size of 24,150 square feet the
proposed development will address the overcrowding concern by providing
manageable lots and usable open spaces. RS -20 zoning requires a 25 -foot
front yard setback, ten -foot side yard setbacks and a 25 -foot rear yard setback.
Of all residential zones in Pasco the RS -20 zone provides for the most open
space between homes and roads.
Parks Opens Space/Schools: The proposed plat is located within a one mile
from Chiawana Park on the Columbia River. The subject site lies within one
half of one mile from Liberty Park in the Loviisa Farms residential subdivision.
The developer will be required to pay the current park fee prior to receiving
building permits.
The developer will be required to pay the current school impact fee prior to
receiving building permits for homes. The City is required by RCW 58.17.110 to
make a finding that adequate provisions are being made to ameliorate the
impacts of the proposed subdivision on the School District. At the request of
the School District the City enacted a school impact fee in 2012. The
imposition of this impact fee addresses the requirement to ensure there are
adequate provisions for schools. A school impact fee in the amount of $4,700
will be charged for each new home at the time of building permit issuance.
Effective Land Use/Orderly Development: The plat is laid out for suburban
low-density residential development consistent with surrounding residential
development. Platting is configured around three existing homes to the north
which create slight irregularities but development proposed within the plat area
4
Page 46 of 141
will be of a more orderly fashion; conforming to the City's current development
standards to promote orderly growth.
Safe Travel & Walking Conditions: The plat will connect to the community
through the existing network of streets initially via Road 84. Sidewalks are
typically not a required right-of-way development component in Pasco's
suburban zones. However, it has been a long standing policy to ensure
sidewalks are included with developments near and around school. Road 84 is
a school route that connects the Linda Loviisa subdivision with Chiawana High
and the two schools south of Argent Road. The LDS Seminary Building on the
west side of Road 84 has already constructed 260 feet of sidewalk and installed
the curb and gutter across the frontage of the proposed plat. Sidewalks will
need to be added along the frontage of each lot (4 through 8) as homes are
built. The Roadway improvements into the plat will consist of an asphalt
driving surface and roadside stormwater collection/ diversion depressions.
Adequate Provision of Municipal Services: All lots within the plat will be
provided with water service. All new lots will be served by sewer with the
exception of lots 1, 2 & 3 which will remain on their existing septic systems.
Provision of Housing for State Residents: The proposed preliminary plat
contains 22 building lots, providing opportunities for the construction of 19
new homes for Pasco residents. Three homes exist on the site which will be
contained within three separate lots (Lots 1, 2 & 3).
Adequate Air and Light: The maximum lot coverage limitation of 40 percent
and building setbacks will assure adequate movement of air and light is
available to each lot.
Proper Access & Travel: The access streets will be paved and developed to
City standards to assure that proper access is maintained to each lot. The
discussion under safe travel above applies to this section also.
Comprehensive Plan Policies & Maps: The Comprehensive Plan indicates the
site is designated for low-density single-family development. Policies of the
Comprehensive Plan suggest the City strive to maintain a variety of housing for
residents.
Other Findings:
• The site is within the Pasco Urban Growth Area Boundary.
• The State Growth Management Act requires urban growth and urban
densities to occur within Urban Growth Boundaries.
• The Comprehensive Plan identifies the site for low-density residential
development
• The site is currently zoned RS -20 (Suburban).
5
Page 47 of 141
• The Housing Element of the Comprehensive Plan encourages the
development of a variety of residential densities and housing types.
• The current traffic impact fee is $709 per dwelling unit. The impact fees
are collected at the time permits are issued and said fees are used to
make traffic improvements and add traffic signals in the I-182 Corridor
when warranted.
• RCW 58.17.110 requires the City to make a finding that adequate
provisions have been made for schools before any preliminary plat is
approved.
• The City of Pasco has adopted a school impact fee ordinance compelling
new housing developments to provide the School District with mitigation
fees. The fee was effective April 16, 2012.
• Past correspondence from the Pasco School District indicates impact fees
address the requirement to ensure adequate provisions are made for
schools.
• There are no water rights associated with this plat therefor a payment in
lieu of dedication of water rights will be required to receive final plat
approval.
CONCLUSIONS BASED ON THE FINDINGS OF FACT
Before recommending approval or denial of the proposed Plat the Planning
Commission must develop Findings of Fact from which to draw its conclusion
(PMC 26.24.070) therefrom as to whether or not:
(1) Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys,
other public ways, water supplies, sanitary wastes, parks,
playgrounds, transit stops, schools and school grounds, sidewalks for
safe walking conditions for students and other public needs;
The proposed plat will be required to develop under the standards of the Pasco
Municipal Code and the standard specifications of the City Engineering
Division. These standards for streets and other infrastructure improvements
were designed to ensure the public health; safety and general welfare of the
community are secured. These standards include provisions for streets,
drainage, water and sewer service and the provision for dedication of right-of-
way. The preliminary plat was forwarded to the Franklin County PUD, the
Pasco School District, Cascade Gas, Charter Cable and Ben -Franklin Transit
Authority for review and comment. The PUD requested easements along the
front of all lots for utility service.
Based on the School Districts Capital Facilities Plan the City collects school
mitigation fees for each new dwelling unit. The fee is paid at the time of
C
Page 48 of 141
building permit issuance. The school impact fee addresses the requirements of
RCW 58.17.110.
(2) The proposed subdivision contributes to the orderly development and
land use patterns in the area;
The proposed plat makes efficient use of vacant land and will provide for
additional housing within the City.
(3) The proposed subdivision conforms to the policies, maps and
narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates much of the site low-density
residential development. Single-family homes are identified as one of the
permitted residential uses within the low-density residential designation. Plan
Goal H-2 suggests the City strive to maintain a variety of housing options for
residents of the community while Plan Policy H -1-B supports the protection
and enhancement of the established character of viable residential
neighborhoods.
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City
Council;
Development plans and policies have been adopted by the City Council in the
form of the Comprehensive Plan. The proposed subdivision conforms to the
policies, maps and narrative text of the Plan as noted in number three above.
(5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been enumerated and
discussed in the staff analysis and Findings of Fact. The Findings of Fact
indicate the subdivision is in conformance with the general purposes of the
subdivision regulations provided certain mitigation measures (i.e. school
impact fees and park development) are included in approval conditions.
(6) The public use and interest will be served by approval of the proposed
subdivision.
If approved the proposed plat will be developed in accordance with all City
standards designed to insure the health, safety and general welfare of the
community are met. The Comprehensive Plan will be implemented through
development of this Plat. These factors will insure the public use and interest
are served.
Page 49 of 141
PLAT APPROVAL CONDITIONS
1. At the time lots are developed, all abutting roads and utilities shall be
installed and/or improved to City standards as approved by the City
Engineer. This includes, but is not limited to water, sewer and irrigation
lines, streets, street lights and storm water retention or management.
Because Road 84 is an arterial street and school route sidewalks will be
required along the frontage of Road 84. A note shall be placed on the final
plat stating sidewalks shall be required along the frontage of Lots 4-8 at
the time building permits for homes are issued for said lots.
2. Approval condition # 1 above shall also apply specifically to municipal
water line extension in Maple Drive. Prior to Final Plat approval the
municipal water line serving the plat must be extended and connected to
the existing water line in Maple Drive currently terminating near the west
line of the site.
3. The developer must comply with PMC 26.04.115(B) and PMC 3.07.160
dealing with water rights acquisition.
4. No utility vaults, pedestals, or other obstructions will be allowed at street
intersections.
S. It shall be identified in the notes on the face of the final plat(s) that Lot 17
presents difficulties for the placement of yard fencing.
6. All storm water is to be disposed of per City and State codes and
requirements.
7. The developer shall insure active and ongoing dust, weed and litter
abatement activities occur during the construction of the subdivision and
construction of dwellings thereon.
8. The developer shall prepare a dust, weed and erosion control plan to be
approved by the City prior to approval of any construction drawings for the
first phase of the subdivision.
9. The developer shall be responsible for the creation of record drawings. All
record drawings shall be created in accordance with the requirements
detailed in the Record Drawing Requirements and Procedure form provided
by the Engineering Division. This form shall be signed by the developer
prior to construction plan approval.
10. All engineering designs for infrastructure and final plat(s) drawings shall
utilize the published City of Pasco Vertical Control Datum and shall be
identified on each such submittal.
11. The final plat(s) shall contain a 10 -foot utility easement parallel to all
streets unless otherwise required by the Franklin County PUD.
12. The final plat(s) shall contain a 10 -foot utility easement parallel to the
north property line of Lots 5, 14 and 16 as required by the Franklin
County PUD.
13. The final plat(s) shall contain the following Franklin County Public Utility
District statement: "The individual or company making improvements on a
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Page 50 of 141
lot or lots of this Plat is responsible for providing and installing all trench,
conduit, primary vaults, secondary junction boxes, and backfill for the
PUD's primary and secondary distribution system in accordance with PUD
specifications; said individual or company will make full advance payment
of line extension fees and will provide all necessary utility easements prior
to PUD construction and/or connection of any electrical service to or
within the plat".
14. The Final Plat shall dedicate a 60 -foot right-of-way from the cul-de-sac
bulb westerly connecting to Maple Drive. Said right-of-way bordering Lots
1, 15 & 16 will not have to be improved until such time that the existing
accessory shop building is removed. Final Plat approval is not contingent
upon completion of Maple Drive improvements.
15. The final plat(s) shall contain the following statement: "A license is hereby
granted authorizing the detached accessory shop building contained on
Lot 1 of this plat to remain in its current location as indicated on this
plat."
16. At such time the detached accessory shop building contained on Lot 1 is
removed and Maple Drive is improved the temporary cul-de-sac bulb may
be vacated; returning land back to Lots 15, 16 8v 17.
17. Prior to the City of Pasco accepting construction plans for review the
developer must enter into a Storm Water Maintenance Agreement with the
City. The developer will be responsible for obtaining the signatures of all
parties required on the agreement and to have the agreement recorded
with the Franklin County Auditor. The original signed and recorded copy
of the agreement must be presented to the City of Pasco at the intake
meeting for construction plans.
18. The developer will be required to comply with the City of Pasco Civil Plan
Review process.
19. The developer/ builder shall mitigate impacts to the Public School System
by the "school impact fee" established by Ordinance at the time of
issuance of building permits for homes.
20. The developer/ builder shall pay the "traffic impact fee" and "park fee"
established by ordinance at the time of issuance of building permits for
homes.
RECOMMENDATION
MOTION: I move to adopt Findings of Fact and Conclusions therefrom as
contained in the December 17, 2015 staff report.
MOTION: I move based on the Findings of Fact and Conclusions, as adopted,
the Planning Commission recommend the City Council approve the
Preliminary Plat for Ellie Estates with conditions as listed in the
December 17, 2015 staff report.
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Page 51 of 141
Vicinity
Map
Item: Preliminary Plat - Ellie Estates
Applicant: Ilya Parkhotyuk
File #: PP 2015-003
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PLANNING COMMISSION MINUTES
10/15/15
A. Preliminary Plat Preliminary Plat for Ellie Estates (Llya
Parkhotyuk) (MF# PP 2015-003) - Continued
Chairman Cruz read the master file number and asked for comments from staff.
Shane O'Neill, Planner I, discussed the application for a preliminary plat for Ellie
Estates. This item was continued from the previous meeting due to substantial
revisions to the plat and is virtually a new plat. The proposed plat consists of 22 lots,
zoned Residential Suburban (RS -20) with the average lot size of 24,150 square feet. The
property was recently annexed into the City in July 2015. The Comprehensive Plan
designates the site as low-density residential development. The site currently contains
three single-family homes and accessory structures. Those three homes will be
contained on lots 1, 2 and 3 of the proposed plat. One new cul-de-sac will be extended
to the end of the site and 16 of the proposed lots will be accessed by the cul-de-sac. To
the south the plat will accomplish the connection of Sterling Road. At the northwest
corner of the property Maple Drive terminates. The continuation of Maple Drive is
obstructed by an existing shop which was permitted in the County. The Planning
Commission may wish to discuss the possibility of a turnaround at the end of Maple
Drive. Originally septic systems were proposed but now the properties will be connected
to sewer. The sewer line is located at Road 84 and the sewer line will be extended as
well as water to the plat with the exceptions of existing lots 1, 2 and 3 who will remain
on their existing septic systems until those systems fail, at which time they will be
required to connect. There are a list of tentative approval conditions contained in the
staff report that are fairly standard. There is a Franklin County Irrigation easement
running through the site and the applicant will have to work with the Franklin PUD
between now and the final plat.
Chairman Cruz asked how the property owners of Lot 1 would access their property.
Mr. O'Neill responded that there is a dirt access road that runs along the side of the
irrigation canal and would be the primary access for the three homes.
Dave McDonald, City Planner, added that the original plat submitted with their
application was configured differently but with the addition of required sewer to the
proposed lots the Irrigation District asked that alternate means of access for those three
lots in case in the future they decide to revoke the access agreement with those three
homes they would be able to access off of the cul-de-sac. The homeowners of the three
lots currently have an agreement with the Irrigation District to use the right-of-way to
get to their homes but the Irrigation District could take that access away in the future.
Chairman Cruz responded that it is a dangerous proposition for anyone considering
buying Lot 1. He was unsure how a turnaround could be placed at Maple Drive with
the existing shop and a lot platted to the north and south.
Mr. McDonald answered that is correct. There are other lots and streets that the City
Page 56 of 141
has inherited or will inherit that dead-end with a home at the end like in this case. This
problem was inherited from the County since they permitted a shop to be built where
the road should have been extended.
Chairman Cruz suggested the shop to stay for the time being but Lot 15 needs to be the
continuation of Maple Drive.
Mr. McDonald asked for clarification if the plat would show the right-of-way but not
require it to be built at this time.
Chairman Cruz answered that is one possibility. He doesn't want to see the Irrigation
District taking away access, rendering Lot 1 useless. Another option could be to merge
two of the lots just as long as there is guaranteed access.
Commissioner Bachart discussed possible fencing issues on the cul-de-sac.
Mr. McDonald clarified that the front yards would be facing the cul-de-sac so any
fencing would have to be set back 25 feet. He asked the Planning Commission for more
direction.
Chairman Cruz replied that he doesn't want to continue propagating the problem of
dead-end streets and access issues contributing to a dead-end lot. He proposed at
minimum Lot 1 to be connected to the cul-de-sac in any way possible. He would also
like to see the right-of-way of Maple Drive to be extended.
Commissioner Polk was in agreement with Chairman Cruz and would like to alter Lot 2
in order to give Lot 1 access to the cul-de-sac or to work through Lot 15 and possibly
continue Maple Drive.
Chairman Cruz stated that he didn't want to be overly constrictive since there are
variables that the Planning Commission might not be aware of and would like to see the
Engineering and Planning Departments work with the applicant just as long as there is
some kind of access for Lot 1.
The Planning Commissioners were in agreement.
Chairman Cruz asked the Commissioners what they felt about Maple Drive.
Commissioner Greenway was concerned about the existing shop and doesn't want the
property owner to have to remove the shop which was permitted in the County.
Chairman Cruz clarified the right-of-way as long as the shop is existing.
Commissioner Bachart added that if the access was evoked the shop would be in the
way anyway.
Page 57 of 141
Rick White, Community & Economic Development Director, stated that there are many
instances in the County where there are easements reserved for future road right-of-
ways and they are useless because if they are not developed during the time of platting,
no one will put it in and there won't be a public agency that will pay for it because it
will only benefit one or two lots. If the Commission wants to see the extension of Maple
Drive through it needs to be dedicated right-of-way and constructed as prior to the final
plat approval.
Chairman Cruz asked if that meant condemning the shop.
Mr. White responded that it wouldn't have to be condemned; perhaps moved or the road
could go around the shop. But the easement for a road unless done now is useless.
Chairman Cruz suggested that Lot 1 either needs connection to the cul-de-sac or to
Maple Drive and let the applicant work out the details with Staff.
The Commissioners were in agreement with Chairman Cruz.
Ilya Parkhotyuk, 785 Canyon Street, Apt. #304, Richland, spoke on behalf of his
application. He stated that he will have to work it out with City Staff to get this plat to
work.
Paul Simpkins, 3412 Coral Court, expressed concern for an increase of traffic down
Sterling Road due to Chiawanna High School students being so close. He asked if the
City has planned for the increased.
Mr. McDonald didn't foresee much of a traffic increase down Sterling Road from the
students at Chiawanna as it isn't a direct route to anywhere.
Mr. Simpkins asked if there would be a block wall built along the back of the proposed
lots.
Mr. McDonald answered that there wouldn't be a block wall required since the lots are
not on an arterial corridor.
Commissioner Portugal asked if the school was notified of the proposed plat.
Mr. McDonald stated that they get notified of all proposed plats.
With no further comments the public hearing closed.
Commissioner Bachart moved, seconded by Commissioner Greenaway, to continue this
item to the October 15, 2015 meeting. The motion passed with 5 votes with
Commissioner Mendez recused.
Page 58 of 141
PLANNING COMMISSION MINUTES
11/19/2015
A. Preliminary Plat Preliminary Plat for Ellie Estates (Llya
Parkhotyuk) (MF# PP 2015-003) - Continued
Chairwoman Polk read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the preliminary plat application for Ellie
Estates. This item has been before the Planning Commission for the past three months
as a continuing hearing. Last month direction was provided by the Commissioners to
connect Maple Drive through to the proposed cul-de-sac running north to south from
Sterling Road. The applicant was asked to modify his plat and talk to the property
owners to see if they were willing to allow Maple Drive to connect, which would provide
better circulation through the neighborhood and provide redundancy for utilities. The
developer discussed this matter with the property owners and they weren't interested
in having Maple Drive connect. The plat has been redrawn to include a temporary cul-
de-sac with a right-of-way connecting from that cul-de-sac to Maple Drive. The thought
being that the cul-de-sac and the north and south street could be developed and the bit
of connecting right-of-way (connection to Maple) could be provided but not developed at
this time. With the right-of-way in place, someday in the future the road could be
extended. The right-of-way would also allow the water line to be extended. The
proposal isn't exactly what the Planning Commissioner's had hoped for but it mostly
fulfills what was trying to be accomplished.
Commissioner Portugal asked how long in the future Maple Drive could be connected
once the right-of-way is dedicated.
Mr. McDonald answered that it could be 1 or more years, however, with the dedication
of the right-of-way the option is preserved for the road to be extended in the future.
Commissioner Portugal asked if the City or developer would move the shop in the future
in order to connect the road.
Mr. McDonald responded that in the future the developer or property owner would have
to move the shop unless there was an arrangement made between the City and property
owner to have it removed.
Commissioner Greenaway asked for clarification that the City would not be forcing the
current property owner to move the shop.
Mr. McDonald stated that they would not be required to remove the shop, however, with
this proposal they would require dedication of right-of-way.
Commissioner Bowers asked if the owner of Lot 1 had no interest in moving the shop at
this time.
Page 59 of 141
Mr. McDonald answered that is correct.
Commissioner Bowers asked if the property owners of Lots 1, 2 and 3 amenable to this
plat.
Mr. McDonald stated that he was unsure but perhaps the applicant could respond.
Ilya Parkhotyuk, 785 Gaines Street, Richland, WA spoke on behalf of this application.
He reiterated that the property owners are not interested at this time in connecting
Maple Drive. The proposed plat is the best case scenario that was negotiated. Mr.
Parkhotyuk stated that he offered to build a block wall to assist with any noise for the
property owners but they weren't interested and did not want the road to go through at
this point. This design is the only option left.
Commissioner Bowers asked for clarification as to where they didn't want the road to
go through.
Mr. Parkhotyuk answered that they didn't want Maple Drive connecting to the cul-de-
sac.
With no further questions or comments the public hearing closed.
Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the
public hearing on the proposed preliminary plat and initiate deliberations and schedule
adoption of findings of fact, conclusions and a recommendation to the City Council for
the December 17, 2015 meeting. The motion passed unanimously.
Page 60 of 141
PLANNING COMMISSION MINUTES
12/17/2015
B. Preliminary Plat Preliminary Plat for Coles Estates, Lot 6
IBardown Consulting LLQ (MF# PP 2015-005)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the preliminary plat application for Coles
Estates, Lot 6. The applicant is requesting the property to be rezoned to R-1 and the
proposal is to run cul-de-sac with single-family homes, similar to the surrounding
developments. The lots would all meet the minimum square footage requirements for
R-1 zoning, actually exceeding the average lot size. The staff report addresses the
layout, utilities, schools, parks, travel ways and sidewalks. There are additional
findings of fact in this staff report relating to nuisances and dust control as well as other
items from the Pasco Municipal Code. These findings of fact used to be listed under
conditions in previous preliminary plat applications, however, since they are addressed
in the municipal code, they can be listed under findings of fact instead.
Commissioner Portugal asked for clarification on water rights and irrigation.
Mr. McDonald responded that the lots would receive city irrigation. The developer
doesn't currently have water rights so they will pay fees to the city and the city will
purchase the water rights. Typically if the developer has the water rights they would
dedicate them to the city.
With no further questions or comments the public hearing closed.
Commissioner Greenaway moved, seconded by Commissioner Polk, to close the hearing
on the proposed preliminary plat and initiate deliberations and schedule adoption of
findings of fact, conclusions and a recommendation to the City Council for the January
21, 2016 meeting. The motion passed with 4 votes with Commissioner Mendez recused.
Page 61 of 141
AGENDA REPORT
FOR: City Council December 28, 2015
TO: Dave Zabell, City Manager Regular Meeting: 1/4/16
Rick White, Director
Community & Economic Development
FROM: Shane O'Neill, Planner I
Community & Economic Development
SUBJECT: Special Permit: AT&T Wireless Facility (MF# SP 2015-013)
I. REFERENCE(S):
Vicinity Map
Proposed Resolution
Report to the Planning Commission
Planning Commission Minutes: Dated 11/19/15 & 12/17/15
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , approving a Special Permit for
the location of wireless communication facilities at 9915 W. Argent Road as
recommended by the Planning Commission.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 19, 2015 the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the location of
a wireless communication facilities in an RS -12 (Suburban) Zone at 9915 W. Argent
Road.
Following the conduct of the public hearing, the Planning Commission reasoned that
with conditions, it would be appropriate to recommend approval of a special permit for
the wireless communication facilities.
The recommended conditions are contained in the attached Resolution.
Page 62 of 141
No written appeal of the Planning Commission's recommendation has been received.
V. DISCUSSION:
Page 63 of 141
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RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE
LOCATION OF WIRELESS COMMUNICATION FACILITIES AT 9915 W. ARGENT
ROAD.
WHEREAS, AT&T, submitted an application for the location of cellular
facilities at 9915 W. Argent Road (Tax Parcel 118-112-036); and,
WHEREAS, the Planning Commission held a public hearing on November 19,
2015 to review the proposed cellular facilities; and,
WHEREAS, following deliberations on December 17, 2015 the Planning
Commission recommended approval of a Special Permit for the proposed cellular
facilities with certain conditions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to AT&T for the location of wireless cellular
facilities in a RS -12 (Suburban) District under Master File # SP2015-013 with the
following conditions:
a) The special permit shall apply to parcel # 118-112-036 addressed 9915
West Argent Road;
b) The property shall be developed in substantial conformity with the
elevations and site plan submitted with the application except as
conditioned herein;
C) The cellular antennae enclosure shall not exceed 55.4 feet in height as
measured from existing grade;
d) The cellular antennae shall be enclosed within an architecturally
integrated feature attached to the church building;
e) The ground -level equipment enclosure shall be located no closer than
ten (10) feet from the north and east property lines of parcel # 118-112-
036;
f) The ground -level equipment shall be located within a decorative block
wall which fully blocks the view from all rights-of-way. Design of the
sight -screening shall meet the requirements of the I-182 Overlay District
(PMC 25.58);
g) The proposed cellular facility must comply with all FCC regulations;
h) The roof -top antennae housing shall not emit light;
1
Page 65 of 141
i) The roof -top appurtenance housing the cellular antennae shall be
constructed and painted to match the architecture of the church;
j) The special permit shall be null and void if a City of Pasco building
permit is not obtained by December 31, 2016.
Passed by the City Council of the City of Pasco this 4th day of January, 2016.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
2
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Page 66 of 141
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2015-013
HEARING DATE: 11/19/2015
ACTION DATE: 12/17/2015
BACKGROUND
APPLICANT: AT&T Mobility
19801 SW 72nd Ave., STE# 200
Tualatin, OR 97062
REQUEST: SPECIAL PERMIT: Location of a Wireless Communication Facility
in the RS -12 (Suburban) Zone
1. PROPERTY DESCRIPTION:
Legal: Parcel # 118-112-036: Lot 1, Short Plat 2005-11
General Location: 9915 West Argent Road
Property The parcel is approximately 1.65 acres
2. ACCESS: The site is accessed from Argent Road.
3. UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is currently zoned RS -12 (Suburban)
and contains a church. Surrounding properties are zoned and developed
as follows:
NORTH:
RS -12
- Vacant
SOUTH:
RS -20
- Single -Family Residences
EAST:
RS -12
- Vacant
WEST:
RS -12
- Single -Family Residences
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for low-density residential uses. Goal OF -2 suggests the City ought to
maintain land use flexibility in regard to placement of infrastructure for
public and private utilities. Policy OF -2-A encourages the sound
management of all energy and communication utilities through
coordination and cooperation dealing with construction of such facilities.
Policy OF -2-13 encourages the placement of utility substations which are
necessary for the surrounding neighborhood.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non -Significance (DNS) has been issued for this project under WAC 197-
11-158.
1
Page 67 of 141
ANALYSIS
AT&T Wireless is requesting special permit approval to locate cellular wireless
communication facilities at the Desert Springs Covenant Church located on the
northeast corner at the intersection of Road 100 and Argent Road. The
proposal involves the addition of an architectural feature on the roof of the
existing church to house cellular antennae together with a ground -level
equipment enclosure. The applicant's request is an effort to fill a
coverage/ capacity gap west of Road 68. The installation is intended to better
support existing users west of Road 68 and would also potentially increase
AT&T's ability to support more users in the same area.
In April of 2014 the Planning Commission held a hearing to consider the
addition of cellular communication facilities on the property in question. At
that time the application was submitted by Smartlink LLC doing business as
AT&T. During 2014, AT&T abruptly stopped all construction on new cell
tower/antennae due to the reallocation of funds and consequently the special
permit and subsequent building permit for the previously approved facility
expired. AT&T's funding has been restored and the firm has again applied for a
special permit to locate cellular communication facilities above the existing
church located at 9915 W. Argent Road.
As illustrated in the elevations submitted with the application (Exhibits 1-3),
the applicant wishes to install wireless communication network antennae atop
an existing church. The antennae will be housed within an architecturally
integrated rooftop feature extending fifteen (15) feet above the existing roofline;
for an overall structure height of 55.4 feet above grade. The proposed wireless
communication antenna meets the requirements listed under the provisions of
PMC 25.70.075, which require wireless facilities to be located on an existing
structure taller than thirty-five (35) feet.
Wireless Facility zoning regulations were specifically developed to permit
(through special permit review) cellular tower/antenna equipment on taller
buildings within the community.
The PMC special permit review criteria for wireless facilities are written as
follows:
25.70.075 WIRELESS COMMUNICATION FACILITIES.
Wireless Communication Facilities are permitted under the
following conditions:
(1) Such structures shall be permitted in all industrial or C-3
zoning districts provided the location is 500 feet or more from a
residential district. Any location closer than 500 feet requires
special permit approval.
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Page 68 of 141
(2) Such structures may be permitted by special permit in all
other zoning districts provided said structures are:
(a) Attached to or located on an existing or proposed
building or structure that is higher than thirty-five
(35) feet; or
(b) Located on or with a publicly owned facility such as a
water reservoir, fire station, police station, school, county or
port facility.
(3) All wireless communication facilities shall comply with the
following standards
(a) Wireless facilities shall be screened or camouflaged by
employing the best available technology. This may be
accomplished by use of compatible materials, strategic location,
color, stealth technologies, and/or other measures to achieve
minimum visibility of the facility when viewed from public
rights-of-way, and adjoining properties such that a casual
observer cannot identify the Wireless Communication Facility.
(b) Wireless facilities shall be located in the City in the
following order of preference:
i) Attached to or located on buildings or structures
higher than 35 feet.
ii) Located on or with a publicly owned facility
iii) Located on a site other than those listed in a) or b).
Commonly, cellular providers locate the equipment cabinets within a fenced
area surrounding the base of a pole; in this case the ground -level equipment is
proposed to be housed in a metal shelter designed for functionality. Renditions
submitted with the application show no fence is proposed around the metal
equipment shelter. Staff has entered a condition (#7) requiring the equipment
enclosure be screened from view from surrounding roadways. The screening
must meet design requirements of the I-182 Overlay District (PMC 25.58).
A determination of non -significance from TOWAIR for the FAA has been
obtained by the applicant; as required by PMC 25.70.075(4) a copy has been
included in the application submittal. AT&T is licensed by the FCC to operate
cellular telemetric communications on certain radio frequencies determined by
the FCC to be safe for use within a civilian population. For this reason a
request to locate cellular communication facilities cannot be denied on the
basis of potential impacts on human health.
During the November 19, 2015 public hearing the Planning Commission
received testimony regarding potential health concerns, property value impacts
and the City's public notification policies. During the hearing no supporting
documentation substantiating the potential impacts discussed were submitted
for entry into the record. Issues related to health concerns, property value
3
Page 69 of 141
impacts and public notification policies were addressed by staff during the
hearing and within this staff report.
Since the time of the hearing the applicant submitted two documents; they are
a zoning narrative (Exhibit "B") and the TOWAIR determination stating that due
to the low height of the facilities registration with the FAA is not required
(Exhibit "C") .
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is zoned RS -12 (Suburban).
2. The Comprehensive Plan identifies the site for low-density residential
uses.
3. The site is approximately 1.65 acres in area.
4. The site contains a church approximately 9,200 square feet in area.
5. All municipal utilities currently serve the site.
6. In the RS -12 zone cellular towers may be permitted by special permit
provided the tower is either:
i) Attached to or located on an existing or proposed building or
structure that is higher than thirty-five (35) feet; or
ii) Located on or with a publicly owned facility such as a water
reservoir, fire station, police station, school, county or port
facility.
7. The cellular antennae will be mounted on top of an existing church
which is 40.4 feet in height.
8. Addition of the antennae housing appurtenance will increase the height
of the church by fifteen (15) feet for an overall height of 55.4 feet.
9. Equipment serving the proposed antennae will be located within a 275
square foot ground -level equipment enclosure approximately 11.5 feet in
height.
10. The Comprehensive Plan suggests the City ought to maintain land use
flexibility with regard to placement of infrastructure for public and
private utilities.
2
Page 70 of 141
11. The Comprehensive Plan does not specifically address cellular
equipment.
12. Cellular equipment creates minimal demands on City infrastructure.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The Comprehensive Plan does not specifically address cellular
equipment. The Comprehensive Plan goal OF -2 and policy OF -2-A
discuss the need for sound management and coordination in the
location of utilities and community facilities. Policy ED -1-C promotes
the need to support Pasco's urban area as a good business environment
by enhancing the infrastructure of the community. The applicability of
policy ED -1-C is enhanced due to the fact that the new tower will
provide more/better service primarily to commercially zoned properties.
Policy UT -1-C encourages coordination of utility providers' functional
plans with the City's land use and utility plans to ensure long term
service availability.
(2) Will the proposed use adversely affect public infrastructure?
The proposed use is a part of the communication network utilized by the
general public. The proposed equipment will be located in such a
manner so as not to impact other public utilities or services. The
proposed use does not require water and sewer.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The character of the vicinity is dominated by residential suburban
development. The addition of roof -top cellular antennae, as marked
through architecturally consistent features, will not alter or affect the
existing or intended character of the surrounding neighborhood.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
E
Page 71 of 141
The proposed antennae housing will be located on top of an existing
church building and generally will not be noticed by the public. The
cellular facility is unlikely to discourage development in the vicinity.
The tower will be designed to be integrated into the architectural design
of the existing church.
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
The proposed cellular equipment will create no fumes, dust or noise.
Cellular facilities have been located throughout the community in
residential, commercial and industrial zones without generating any
complaints received by the City.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses
permitted in the district?
The proposal is required to be designed by a professional engineer to
withstand applicable snow and wind loads. The applicant is also
required by law to coordinate with the FAA and FCC prior to obtaining a
building permit. A Determination of No Hazard to Air Navigation for the
tower has been issued to AT&T by the FAA for the proposed facility.
Radio waves at frequencies utilized by local cellular networks have not
been proven to be harmful to human health. Radio wave activity is
focused on the antennas which are elevated approximately 40 to 50 feet
above grade; away from human activity. The cellular antennae and
equipment pose no true threat to public health and safety.
AT&T is licensed by the FCC to operate cellular telemetric
communications on certain radio frequencies determined by the FCC to
be safe for use within a civilian population. For this reason a request to
locate cellular communication facilities cannot be denied on the basis of
potential impacts on human health.
no
Page 72 of 141
APPROVAL CONDITIONS
1) The special permit shall apply to parcel # 118-112-036 addressed
9915 West Argent Road;
2) The property shall be developed in substantial conformity with the
elevations and site plan submitted with the application except as
conditioned herein;
3) The cellular antennae enclosure shall not exceed 55.4 feet in height as
measured from existing grade;
4) The cellular antennae shall be enclosed within an architecturally
integrated feature attached to the church building;
5) The ground -level equipment enclosure shall be located no closer than
ten (10) feet from the north and east property lines of parcel # 118-
112-036;
6) The ground -level equipment shall be located within a decorative block
wall which fully blocks the view from all rights-of-way. Design of the
sight -screening shall meet the requirements of the I-182 Overlay
District (PMC 25.58);
7) The proposed cellular facility must comply with all FCC regulations;
8) The roof -top antennae housing shall not emit light;
9) The roof -top appurtenance housing the cellular antennae shall be
constructed and painted to match the architecture of the church;
10) The special permit shall be null and void if a City of Pasco building
permit is not obtained by January 31, 2017.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of
fact and conclusions therefrom as contained in the December
17, 2015 staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit to allow the
installation of wireless communication facilities on tax parcel #
118-112-036 addressed 9915 West Argent Road with conditions
as contained in the December 17, 2015 staff report.
7
Page 73 of 141
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'CENTERLINE
SOLUTIONS
October 15, 2015
City of Pasco Planning Department
Attn: Shane O'Neill
525 N. Third Street
Pasco, WA 99301
16360 Table Mountain Pkwy.
Golden, CO 80403
303-993-3293 / F: 303-993-3019
RE: AT&T Mobility KP0458 NORTH ROAD 92 & ARGENT Wireless Communication Facility
9915 Argent Rd.
25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication
Facilities are permitted under the following conditions:
1) Such structures shall be permitted in all industrial or C-3 zoning districts
provided the location is 500 feet or more from a residential district. Any location closer
than 500 feet requires special permit approval.
A Special Use Permit is being obtained
2) Such structures may be permitted by special permit in all other zoning
districts provided said structures are:
a) Attached to or located on an existing or proposed building or
structure that is higher than thirty-five (35) feet; or structure that is higher than thirty-five (35)
feet; or
The proposed antennas will be mounted to the existing church rooftop.
b) Located on or with a publicly owned facility such as a water
reservoir, fire station, police station, school, county or port facility.
3) All wireless communication facilities shall comply with the following
standards:
a) Wireless facilities shall be screened or camouflaged by employing
the best available technology. This may be accomplished by use of compatible
materials, strategic location, color, stealth technologies, and/or other measures
to achieve minimum visibility of the facility when viewed from public rights-ofway,
and adjoining properties such that a casual observer cannot identify the
Wireless Communication Facility.
The antennas will be concealed on the rooftop within a facade that is designed to look
like a steeple. The ground equipment will be within a stick built structure that will match
the existing fagade of the building.
b) Wireless facilities shall be located in the City in the following order
of preference:
i) Attached to or located on buildings or structures higher than 35 feet.
The antennas will be located on the rooftop of the existing church that is 40' in height.
ii) Located on or with a publicly owned facility
iii) Located on a site other than those listed in a) or b).
Page 80 of 141
C E N T E R L I N E 16360 Table Mountain Pkwy.
Golden, CO 80403
SOLUTIONS P: 303-993-3293 / F: 303-993-3019
c) If an applicant chooses to construct a new freestanding wireless
communication facility, the burden of proof shall be on the applicant to show a
wireless communication facility located on a higher order of preference site
cannot reasonably be accommodated. The city reserves the right to retain a
qualified consultant, at the applicant's expense, to review the supporting
documentation for accuracy.
4) All applications for building permits must be accompanied by verification
of approval by the Federal Communications Commission ( FCC), the Federal Aviation
Administration ( FAA) and any other state or federal requirements for tower design and
location. Additionally all tower construction plans must be designed and stamped by a
licensed professional engineer.
The site will be registered with the FCC. A determination of non -significance from
TOWAIR for the FAA is enclosed. I have included complete stamped construction
drawings.
5) All wireless communication facilities shall be removed by the facility owner
within 6 months of the date the facility ceases to be operational or if the facility falls
into disrepair. (Ord. 3734 Sec. 1, 2005.)
Angela Raymond
Site Acquisition Specialist
Cascadia PM
A 4�CENTERLINE SOLUTIONS Company
5501 NE 1091h Court, Suite #A-2, Vancouver, WA 98662
Mobile: 509.998.9015
Web: www.centerlinesolutions.com
Page 81 of 141
TCWAIRI Searah Rasulls
TOWAIR Determinail'on ResuM
*** 140TIC8 **W
TOW AIR's findings arei not c efiniitiv a or t iric ing,, and VA ei cannot gu araritee 1 h at tt ei data iri
TO" AIR are ft Ily aurnent anC aaau rater. In some insianicers, TO" AIR may y ield results that c ifiler
from applicaiiciri of they aniieniia seri out iri 4171 C.F.R. Section 171.7 aric 14 C.F.R. Sed iori 7171.13. A
posiiiver finding by TOIWAIR recommending notificiatian shaLlc to given cansicerable weiclhl. On
the other 11aric, a firiciricl ty TCIWAIR neccimmericiricl either fan or agairist riatifloation is not
cariolusiver. It is the nersparisitility cif eraah ASR partiuigarit to exercise cuer dilid(rrioe I determiria
ill it must warc inai a its stru ature with the RAA. TOA AIR is only arae tail c ersignec la assist AIR
flarticiparits in er)iercisiricl this cuer diligence, and furlheii inivestigatian may bei riecerssiaryl la
determine if RAA coorc ination is appropriates.
DEW RN INAIIIION Reisw 11 s
Stru citurei does riot require registration. the sitruCItL re rr eets the 6.30-meteir
(30 -foot) Rule criteria.
Your Specifications
NAID83 Coordinateisi
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Mea9L remerits (Meters)
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Notify Tnites aric Hisitonic Flrersen atian Officers of your plaris is bu ilc a iawer.
htlp://wirelass2.fcci.govVUlsApp/A scSaarch/tou air Rlesult.jsp?printablle
Paga N of 1
Page 82 of 141
12/29/2013
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Coverage .justification
AT&T is proposing a new site, KP0458 in the city of Pasco. This is a AT&T service area that has
a significant service coverage gap as illustrated in Exhibit 1A. The Exhibit shows the proposed
site (Red star) and our nearest adjacent sites (Blue triangle). As can be seen, there is a large
coverage gap in all areas not shaded in Green.
This gap determination was a result of a combination of customer complaints, service requests
and RF design analysis. The service coverage improvement is targeted mostly along a portion
of Argent Street heading east, Road 100 heading north and the surrounding residential areas
to the east and north of the Road 100 & Argent St. intersection.
The proposed antenna tip height of 50 ft. is the minimum required to achieve the coverage
objective relative to nearby complementary wireless facilities and stay within the zoning
requirements of the area. Reducing antenna height will reduced effectiveness and will make
the proposed new facility ineffective.
Exhibit 1B, demonstrates the minimum acceptable expanded level of service that will be
provided with the addition of the new proposed site. This is where an AT&T handset can be
reliably used to make and receive telephone calls in the presence of varying receive signals.
The site will serve in all newly shaded Green areas.
Exhibit 1C shows the predicted future network with a planned site KP0444 on the air also. The
site location is shown as an orange square.
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Appendix
Engineering Network Design Parameters
The data below are the engineering design assumptions that were use in generating the
propagation map simulations. AT&T constantly does extensive propagation model
adjustments to insure they accurately reflect actual wireless signal conditions.
Technology
Frequency Band
Morphology - Indoor
UMTS
LTE
700
850
1900
AWS
WCS
Dense Urban
Urban
Suburban
Rural
X
x
x
High Band Morphology Signal UMTS
Definitions (RSCP): PCS
Dense Urban: -75 dBm
Urban: -85 dBm
Suburban: -95 dBm
Rural: -105 dBm
Low Band Morphology Signal UMTS
Definitions (RSCP): 850
Dense Urban: -65 dBm
Urban: -75 dBm
Suburban: -85 dBm
Rural: -95 dBm
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High Band Morphology Signal LTE
Definitions (RSRP): AWS, WCS, PCS
Dense Urban: -80 dBm
Urban: -98 dBm
Suburban: -103 dBm
Rural: -108 dBm
Low Band Morphology Signal LTE
Definitions (RSRP):: 700, 850
Dense Urban: -70 dBm
Urban: -90 dBm
Suburban: -98 dBm
Rural: -103 dBm
Planning Commission Minutes
11/19/2015
C. Special Permit Special Permit to locate wireless cellular
facilities at an existing church in an RS -12
(Suburban) Zone (AT&T) (MF# SP 2015-013)
Chairwoman Polk read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, discussed the
special permit application to locate wireless cellular facilities at an existing
church in an RS -12 Zone. The site is located at 9915 West Argent Road and is
1.65 acres. The Planning Commission saw this application in April 2014 and
the applicant was granted a special permit, however, they let the special permit
expire. This application is a renewal as some of the applicant's internal issues
have been resolved. The antennae will be housed within a structure that looks
like a bell tower. It will be disguised within the addition on the top of the
existing roof of the church located on this property. The elevation of the
church is greater than 35' in height and with the antennae it will be roughly
55' above the ground level. The Pasco Municipal Code does have a priority or
hierarchy for cell service and cellular antennae's and in this case, the structure
exceeds 35' in height so it meets one of the priority locational criteria. Since
the Commission has seen this item before, Staff is requesting the Planning
Commission close the public hearing and make a recommendation for Council
at this meeting.
Angela Raymond, 5501 NE 109th Court, Vancouver, WA spoke on behalf of
AT&T for this application. She stated that this proposal is exactly the same as
it was presented and approved in 2014. She presented a photo into the record
as to what the "bell tower" will look like on the church, which is where the
antennae's will be housed. The ground facilities will be located on the left of
the structure as an enclosed structure surrounded by a solid 8' brick wall.
Chairwoman Polk asked if there would be any ornamentation on the bell tower.
Ms. Raymond responded that there would be at the top.
Commissioner Mendez asked if there were any safety concerns with the
antennae inside the bell tower.
Page 89 of 141
Ms. Raymond answered that it meets the FCC safety regulations and does not
propose a risk. It will be structurally engineered by a certified engineer in
Washington State during the building permit process.
Commissioner Mendez stated he was more concerned with the frequencies.
Ms. Raymond responded that AT&T is licensed under the FCC so they are in
compliance with all of the federal regulations with radio frequency waves.
Commissioner Bowers asked why the tower is proposed for this site.
Ms. Raymond answered that there is a process as to how a location is selected.
AT&T comes forth to consultants with their needs for service areas to better
serve their customers and increase quality and then the consultants go
through zoning requirements for each municipality and look for existing
communication towers and buildings to first co -locate on to attach their
antennae's for the least impact. In this case they were fortunate to find a
building in the needed location that is suitable for the antennae's and already
has a significant height. It is a better solution than a new monopole.
Commissioner Bowers asked if the church would be compensated.
Ms. Raymond responded yes that there is a separate process between AT&T
and the property owner goes through.
Rebecca Cooper, 3807 Santa Ana Loop, discussed her concerns for this
application. She stated that her family has property located near this proposed
site, including two homes and a vineyard. She is speaking on their behalf. In
2014 and this year her family has not received any notice on these public
hearings other than the legal notice in the newspaper. She asked Staff if 300
feet was the required notification for public hearings.
Staff shook their heads yes.
Ms. Cooper responded that anyone who has property just over 300 feet, such
as 310 feet, could find excavating and other work being done on property near
them without receiving any notification. This is the first time she has had a
chance to speak on this special permit application, however her second time in
one year speaking on the location of a cell tower. She shared her concerns
about the health safety of the towers especially located so closely to children,
the effects on property value and the appearance. She stated that in 2014,
Realtor Magazine published an article that 94% of homebuyers and renters say
they are less interested and would pay less for a property located near a cell
Page 90 of 141
phone tower. And 79% said they would never purchase a property within a few
blocks of a cell tower or antennae. The article stated that homebuyers that do
buy, pay 20% less for a property located near a tower or antennae. Ms. Cooper
briefly discussed the Desert Plateau hearing in July regarding another cellular
tower and how the citizens were told the Planning Commission could not reject
a special permit application based on health concerns because it meets the
FCC standards, however, the International Commission for Electromagnetic
Safety has studied the effects of health and went over those concerns.
Commissioner Portugal asked how far her family's property is from the
proposed cell tower.
Mr. White responded that it is well over 300 feet from the church site.
Ms. Cooper said the vineyard is another issue and because they would like to
someday sell it and this will affect their real estate.
Commissioner Portugal responded that the reason he asked is because the City
is bound to notify within 300 feet and anything outside of that 300 feet the City
is within the law.
Ms. Cooper agreed but stated that the law should be expanded so more people
have an idea as to what is going on.
Commissioner Portugal answered that the City doesn't have much control over
that.
Ms. Cooper stated that the City could change those policies and could have
policies to not locate cell towers near schools, churches or parks.
Chairwoman Polk responded that the towers have to be located where there is
a need.
Ms. Cooper said nobody wants these towers in their backyard. Peoples
concerns are real and this is near her family's property and they would like to
sell their property someday. Nobody wants to live near cell towers and they
shouldn't be near schools. There is going to be a school at this location. She
asked that the Planning Commission consider that health research exists, that
the Commission extend notification if they can and to use precautions of
health.
Jeff Smith, 8920 W. Dradie Street, stated that his family owns property across
the street from the proposed site. He agreed that 300 feet is a little short for
Page 91 of 141
the notices and believes that there should at least be 1/2 mile radius. Mr. Smith
said that his concern is that there seems to be double standards for building
characteristics to match the neighborhood. He tried to add on to his shop and
the County informed him that the zoning had changed and he couldn't because
it didn't fit the theme of the neighborhood. Later the City annexed his
property, which he didn't mind, but he tried again to add on to his shop. The
City said no because it was already too big the way it was and didn't fit the
theme of the neighborhood. But throughout the neighborhood there are shops
everywhere and he didn't see how a cell tower fit the theme of the
neighborhood.
Rob Morehouse, 3708 Road 103, wanted to state that he also felt the 300 foot
radius notification wasn't a fair distance.
David Hurley, 4311 W. Murray Court, stated that he was on the leadership
team of the church and he felt they were good neighbors and found it alarming
to hear they were not. The church body has agreed to move forward with this
application, however, to his understanding it hasn't been completely solidified
with AT&T and could fall through. The fact that it will be enclosed in a bell
tower and hidden from site, adding service to the neighborhood, they all
thought it was a win-win for everybody.
Angela Raymond, 5501 NE 109th Court, spoke again on her application. She
addressed the concerns discussed during the hearing. All requirements have
been met per Pasco Municipal Code and as far as property values, she has read
other statistics to the opposite affect that an average of 1 in 4 homes have a
cell phone that they solely rely on for emergency purposes, personal use and
business. The communication tower will provide emergency services for e-911
requirements. As for the health concerns, she stated that there have been no
proven health effects associated with wireless communication facilities and all
radio frequency waves will be met with the FCC and are in compliance. There
was mention of wireless devices, this application is for a wireless
communication facility and not associated with the wireless devices used. The
facility is proposed to be located where service is needed. The site is in a
suburban district which is allowed through the Pasco Municipal Code and
AT&T has met all requirements. They are stealthing the facility at maximum
capacity.
Commissioner Greenaway asked the applicant if she has heard any research of
the towers or antennae's lowering property values.
Ms. Raymond answered no.
Page 92 of 141
Rebecca Cooper, 3807 Santa Ana Loop, spoke again to Ms. Raymond's
comments. She discussed the article in Realtor Magazine again concerning
property values.
Commissioner Portugal asked the City about the health concerns discussed by
Ms. Cooper and if there is any way to compare.
Mr. White responded that with the health and property data mentioned during
the hearing that there are pro and con for both. He has done the research and
so you will find some information stating that it does effect health and property
values and no it doesn't. The City, County and anyone else in the United
States is prohibited from using potential health impacts as a way to deny a
permit since it is federally compliant.
Commissioner Greenaway asked if the school was notified since they own
property nearby and what happened to the notification to the vineyard.
Dave McDonald, City Planner, responded that there is a database used to pull
addresses or parcels within 300 feet and the Planning Department mails out
the notices to those addresses.
Commissioner Portugal asked if the 300 foot notification was the same in Pasco
as it is in other municipalities.
Mr. White added that the 300 foot radius notification comes from Washington
State Law.
Commissioner Bowers said it would be helpful to know where other cell towers
are located in the area.
Chairwoman Polk assisted Commissioner Bowers with that information.
The Commissioners were in agreement to close the public hearing but hold off
on making a recommendation to City Council until the December meeting.
Commissioner Mendez moved, seconded by Commissioner Greenway, to close
the public hearing and schedule deliberations and adoption of findings of fact
and conclusions for the December 17, 2015 meeting. The motion passed 4 to 1
with Commissioner Portugal dissenting.
Page 93 of 141
PLANNING COMMISSION MINUTES
12/17/2015
C. Special Permit Special Permit to locate wireless cellular facilities
at an existing church in an RS -12 (Suburban) Zone
IAT&TL(MF# SP 2015-0131
Chairman Cruz read the master file number and asked for comments from staff.
Shane O'Neill, Planner I, discussed the special permit application to locate wireless
cellular facilities at an existing church in an RS -12 (Suburban) Zone. During the public
hearing last month there was testimony related to the potential health effects of cellular
facilities. There has been language added to the staff report to address those issues.
Because AT&T is licensed by the FCC to operate cellular communications on certain radio
frequencies determined by the FCC, it will be safe for use within a civilian population so
health concerns cannot be the basis of a recommendation for denial. Other than that
language, the report remains the same.
Commissioner Greenaway moved, seconded by Commissioner Mendez, to adopt findings of
fact and conclusions therefrom as contained in the December 17, 2015 staff report. The
motion passed unanimously.
Commissioner Greenaway moved, seconded by Commissioner Polk, based on the findings
of fact and conclusions, as adopted, the Planning Commission recommend the City
Council grant a special permit to allow the installation of wireless communication facilities
on tax parcel # 118-112-036 addressed 9915 West Argent Road with conditions as
contained in the December 17, 2015 staff report. The motion passed unanimously.
Chairman Cruz reminded the audience in regards to health concerns, that it is an FCC
federal statute and the Planning Commission does not have any control to deny an
application based on health concerns since it is federally in compliance.
-1-
Page 94 of 141
AGENDA REPORT
FOR: City Council December 28, 2015
TO: Dave Zabell, City Manager Regular Meeting: 1/4/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Special Permit: Redevelopment of Mark Twain Elementary School Parking
Lots (MF# SP 2015-012)
L REFERENCE(S):
Vicinity Map
Proposed Resolution
Report to Planning Commission
Planning Commission Minutes Dated: 11/19/15 & 12/17/15
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:I move to approve Resolution No. , accepting the Planning
Commission's recommendation and approving a special permit for the redevelopment
of parking lots at Mark Twain Elementary School.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 19, 2015, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the
redevelopment of parking lots at Mark Twain Elementary School.
Following the conduct of the public hearing, the Planning Commission reasoned that
with conditions, it would be appropriate to recommend approval of a special permit for
the redevelopment of said parking lots
The recommended conditions are contained in the attached Resolution.
Page 95 of 141
No written appeal of the Planning Commission's recommendation has been received.
V. DISCUSSION:
Page 96 of 141
ff —
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE
REDEVELOPMENT OF PARKING LOTS AT MARK TWAIN ELEMENTARY
SCHOOL.
WHEREAS, the Pasco School District submitted an application for the
redevelopment of the parking lots at Mark Twain Elementary School (Tax Parcel
119162022); and,
WHEREAS, the Planning Commission held a public hearing on November 19,
2015 to review the special permit proposal for the redevelopment of the Mark Twain
Elementary School parking lots; and,
WHEREAS, following deliberations on December 17, 2015 the Planning
Commission recommended approval of a Special Permit for the Mark Twain parking lots
certain conditions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to the Pasco School District for
the redevelopment of the Mark Twain Elementary School parking lots
under Master File # SP2015-012 with the following conditions:
a) The Special Permit shall apply to Tax Parcel 119162022;
b) The parking lot improvements and bus staging improvements shall
be constructed in substantial conformance with the site plan
submitted with the Special Permit application;
C) Any and all parking lot lighting shall be shielded to prevent light
encroachment on adjoining lots;
d) Driveways shall be marked to indicate the direction of traffic flow
per the current edition of the MUTCD;
e) The Special Permit shall be null and void if a City of Pasco
building permit is not obtained by January 1, 2017;
Page 98 of 141
Passed by the City Council of the City of Pasco this 4th day of January, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Page 99 of 141
ff —
REPORT TO PLANNING COMMISSION
MASTER FILE # SP 2015-012 APPLICANT: Pasco School District
HEARING DATE: 11/19/2015 1215 W. Lewis St.
ACTION DATE: 12/17/2015 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Redevelopment of Parking Lots and
Bus Drop off at Mark Twain
Elementary.
1. PROPERTY DESCRIPTION:
Legal: West 1/2 of the southeast 1/4 of the
southeast 1/4 of Section Township 9 North,
Range 29 East less the Roads and Short
Plat 93-2.
General Location: 1801 Rd 40
Property Approximately 13 acres
2. ACCESS: The school has access from Road 40 and Pearl Street.
3. UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is zoned RS -12 (Suburban
Residential) and contains Mark Twain Elementary School. The
zoning and land use of the surrounding properties are as follows:
NORTH:
RS -12
- Single -Family Residences
SOUTH:
C-1
- Bank Sv Offices
EAST:
RS -12
- Single Family Residences
WEST:
RS -12
- Single Family Residences
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates
this area for public and quasi -public uses. Goal CF -5 suggests
adequate provisions should be made for educational facilities
located throughout the urban growth area. Policy CF -5-A
encourages the appropriate location and design of schools
throughout the community.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the
lead agency for this project. Based on the SEPA checklist, the
adopted City Comprehensive Plan, City development regulations,
and other information, a threshold determination resulting in a
Determination of Non -Significance (DNS) has been issued for this
project under WAC 197-11-158.
1
Page 101 of 141
Mark Twain Elementary School as been located at the southeast corner
of Road 40 and Pearl Street since 1956. A major remodel of the school
occurred in 1998 and portable classrooms have been added during four
of the last five years.
The added classrooms and other improvements at the school has
generated addition car and bus travel to and from the school every
morning and afternoon during the school year. To improve neighborhood
traffic circulation and congestion concerns during the morning drop-off
and after school pickup of students, the School District is proposing to
add additional parking and an expanded/new bus staging area. These
improvements will include new staff parking, new parent pickup and
drop-off and a new bus loading and unloading area. The improvement
areas are identified in the attached site plan.
The current bus loading and unloading area only provides space for five
to six buses. The proposal will add an additional 10 bus stalls enabling
the current bus stalls to be converted to special needs bus drop-off and
pickup only. The expanded and reconfigured parking along Road 40 will
include 31 drop-off stalls and 58 parking stalls. The proposed facilities
are designed to eliminate or lessen the stacking of school buses on Pearl
Street and parent parking along Road 40.
The School District is anticipating having the improvements completed
for the 2016-2017 school year.
INITIAL STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are
initial findings drawn from the background and analysis section of the
staff report. The Planning Commission may add additional findings to
this listing as the result of factual testimony and evidence submitted
during the open record hearing.
1. Mark Twain Elementary School has been located at the southeast
corner of Road 40 and Pearl Street since the 1956.
2. The Pasco School District received Special Permit approval for a
major remodel of the Mark Twain Elementary School in 1997. The
remodel was completed in 1998.
3. The school site is zoned RS -12.
2
Page 102 of 141
4. Additional portable classrooms were added to the Mark Twain site in
2010, 2012, 2014 and 2015.
5. A new cafeteria was added to the school in 2012.
6. The proposed parking improvements will add an additional 10 bus
stalls enabling the current bus stalls to be converted to a special
needs bus drop-off and pickup area.
7. The expanded and reconfigured parking along Road 40 will include
31 drop-off stalls for parents and 58 teacher and visitor parking
stalls.
8. The new bus loading and unloading area will include an area that
will now or in the future provide additional teacher and employee
parking
9. Schools are defined as unclassified uses require review through the
Special Permit process as enumerated in PMC 25.86.
10. The proposed parking expansion and new bus loading and
unloading areas will be hard surfaced and will contain on-site
drainage.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
The Planning Commission must make Findings of Fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings
are as follows:
1. Will the proposed use be in accordance with the goals, policies,
objectives and text of the Comprehensive Plan?
Goal CF -5 suggests adequate provisions be made for educational
facilities throughout the Urban Growth Area. Policy CF -5-A encourages
the appropriate location and design of schools throughout the
community. The proposal is consistent with the referenced Plan goal and
policy and is consistent with the Comprehensive Plan Land use map.
2. Will the proposed use adversely affect public infrastructure?
The proposal will have no additional impact on water, sewer or other
utility services. No additional classrooms are being proposed. The
proposed parking lot expansion and new bus staging area are designed
to reduce on street parking and stacking thereby lessening the impact on
of school traffic and bus operations on surrounding streets.
3. Will the proposed use be constructed, maintained and operated
to be in harmony with the existing or intended character of the
general vicinity?
3
Page 103 of 141
The proposed use of the property will not be altered. Mark Twain
elementary has been located on the property site 1956 and is an
accepted part of the neighborhood. The proposed parking lot
improvements and new bus staging will not alter the general character of
the neighborhood. The proposed improvements will lessen the impact of
on street parking associated with the school and will mostly eliminate the
stacking of school busses on the adjoin streets. The proposal will
improve harmony between the school operations and the neighborhood.
4. Will the location and height of proposed structures and the site
design discourage the development of permitted uses on
property in the general vicinity or impair the value thereof?
The neighborhood is almost fully developed and much of the development
to the west and south occurred after the Mark Twain Elementary School
and associated parking areas were constructed. The school and
associated parking lots have not discouraged development or impaired
the value of neighboring properties. An online search of the Franklin
County Assessors records indicates the school has not had a detrimental
impact on surrounding values.
5. Will the operations in connection with the proposal be more
objectionable to nearby properties by reason of noise, fumes,
vibrations, dust, traffic, or flashing lights than would be the
operation of any permitted uses within the district?
There will be no change in the use or operation of the Mark Twain site
with the exception of the redevelopment and expansion of off-street
parking along Road 40 and the addition of a new bus staging area in the
northeast corner of the site. These improvements will improve traffic,
parking and bus operation in and around the school.
6. Will the proposed use endanger the public health or safety if
located and developed where proposed, or in any way will
become a nuisance to uses permitted in the district?
Improving and expanding off-street parking and bus staging areas will
generally improve safety in the neighborhood. The Mark Twain
Elementary School campus has been an accepted part of the
neighborhood for 59 years. The school has not been considered a
nuisance to the neighborhood. The proposed parking improvements and
expanded bus staging area will improve traffic circulation
2
Page 104 of 141
TENTATIVE APPROVAL CONDITIONS
1. The Special Permit shall apply to Tax Parcel 119162022;
2. The parking lot improvements and bus staging improvements shall
be constructed in substantial conformance with the site plan
submitted with the Special Permit application;
3. Any and all parking lot lighting shall be shielded to prevent light
encroachment on adjoining lots;
4. Driveways shall be marked to indicate the direction of traffic flow
per the current edition of the MUTCD;
5. The Special Permit shall be null and void if a City of Pasco building
permit is not obtained by January 1, 2017;
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt Findings of
Fact and Conclusions therefrom as contained in the December
17, 2015 staff report.
MOTION for Recommendation: I move based on the Findings
of Fact and Conclusions therefrom the Planning Commission
recommend the City Council grant a special permit to the Pasco
School District for the redevelopment of the parking lot and bus
facilities at Mark Twain Elementary School with the conditions
as contained in the December 17, 2015 staff report.
E
Page 105 of 141
ff —
Land Use Item: Twain Parking Lot & Bus Drop-off 1
Applicant: Pasco School District -(N�-
Map File #: SP 2015-012 i
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Zoning Item: Twain Parking Lot & Bus Drop-off 1
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< ` PROPOSED SITE PLAN - OPTION "A"
I
PLANNING COMMISSION MINUTES
11/19/15
B. Special Permit Special Permit for the modification of parking
facilities at Mark Twain Elementary School
(Pasco School District) (MF# SP 2015-012)
Chairwoman Polk read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the special permit application for the
modification of parking facilities at Mark Twain Elementary School. The School
District wants to reconfigure and enlarge the current parking that runs along the west
side of the school by adding a number of additional drop-off points for parents to
drop-off and pick up their children, as well as adding a number of parking stalls. In
addition, the District wants to reconfigure the bus drop-off and pick-up which is
currently a very small area north of the school. Plan is to add an area to the east that
could accommodate 10 or more buses. The current smaller drop-off area would be
used for special needs students. In between the new bus area additional staff and
teacher parking would be added. The new parking should lessen some of the
congestion on Road 40 and Pearl Street. The school has been at this location since
1956 and is an established part of the neighborhood. These improvements should
benefit the surrounding properties.
Chairwoman Polk asked where the existing drop-off area is located.
Mr. McDonald stated that he believed it is right along the sidewalk on Road 40. There
is not much room inside the parking lot to drop children off.
Commissioner Portugal asked if the public was informed about the proposed
modifications and if the City has received any feedback.
Mr. McDonald responded that with every public hearing a notice is posted twice in the
newspaper at least 10 days before the hearing and that same notice is mailed directly
to all property owners within 300 feet of the school site. The Planning Office received
a visit from one couple that lived on the east side of the school site and perhaps one
phone call but that is the only feedback received from the public.
Randy Nunamaker, 1215 E. Lewis Street, spoke on behalf of the application. Mark
Twain Elementary School was built in 1956 and has had significant renovations in
1988 and was to house approximately 500 students. With the growth in Pasco since
then, the School District has added a number of portables and has increased the
enrollment of the school. The traffic along Road 40 and Pearl Street is congested at
times, backed up to Road 40 with parent pick-up and drop-off. In 2013, Pasco voters
approved a bond and this project was part of the bond. In the interim, the School
District has worked with the Pasco Engineering Department and they have provided
crosswalks and stop signs to try to alleviate some of the challenges with traffic. The
Page 114 of 141
Pasco Police Department and Fire Department have assisted as well.
Commissioner Portugal asked how many buses pick-up and drop-off children.
Mr. Nunamaker answered that it varies. Currently there are 3 special needs buses
and roughly 4-5 general needs buses.
Commissioner Greenaway asked what is located in the open space between the
parking and the school.
Mr. Nunamaker said that it is a playground.
Chairwoman Polk asked if the majority of drop-offs are occurring on Road 40 and
Pearl.
Mr. Nunamaker responded that the parent drop-off is on Road 40. Currently they
have to pull into the parking lot to load and unload and it blocks traffic so nobody can
pull in or out. The bus parking is currently on Pearl Street and some of the buses can
fit into the pull-out but some have to park on Pearl Street.
Commissioner Bowers asked if this new plan has been shared with the parents at this
school.
Mr. Nunamaker said it has been given to the principal to share and the School District
has received input. The School District went through a process a few years ago with
the parents when this project was first looked at and they came up with short term
and long term fixes. The principal was provided with four options and this is what
was chosen as the proposed plan.
Commissioner Mendez asked if the School District views this as a way to relieve
congestion and enhance safety for the children.
Mr. Nunamker responded yes.
Pamela Morehouse, 3611 Mesquite Drive, stated that she has control over her parents'
property, 1812 Road 36, that is adjacent to where to proposed bus drop-off is located.
She asked how the proposed plan was going to alleviate congestion on Road 40 and
Pearl by increasing traffic on Road 40 and Pearl since both of these streets will be
used to access these drop-off points. The property to the south is not being used and
would be a better location. She also believes that these modifications will affect the
value of her parents' property negatively.
Commissioner Portugal asked if Ms. Morehouse or her parents were offered the
opportunity to participate in discussions at the school.
Ms. Morehouse answered that this was this first chance she has been able to speak on
Page 115 of 141
this proposal.
Rob Morehouse, 3708 Road 103, stated that his parents' property is adjacent to the
proposed modifications and the property on the south side of the school is all weeds
and the improvements would be better suited there. He requested clarification on
where they were expanding the parking lot.
Chairwoman Polk responded that they are proposing to remove any existing bus drop
off but they are adding an additional bus drop-off and expanding the parent drop-off
to keep cars off of the street.
Mr. Morehouse asked where Road 38 is located.
Mr. McDonald answered that Road 38 is to the north of the proposed bus parking.
Rick White, Community & Economic Development Director, clarified that the map that
was displayed during the meeting had north to the left of the sketch.
Mr. Morehouse said that since this school was built in 1956, they owned the property
adjacent to the school and this is the first notice that they have received. He didn't
believe that this plan was going to relieve traffic at all.
Commissioner Portugal asked Mr. Morehouse how his property would be negatively
affected as he had mentioned.
Mr. Morehouse said that with the bus loading moved next to his property the value
will be hurt. If someone wants to develop the property with homes they will not want
the bus drop-off in the backyard.
Commissioner Portugal asked what other concerns he has about this proposal.
Mr. Morehouse responded that his other concern is that the City of Pasco is wanting
another 10' to widen the road down Pearl Street, which is what they did a couple of
years ago on his parents property and was told they were going to widen the road.
Chairwoman Polk responded that she is unaware of the issue widening the road but it
does not pertain to this application and those plans are not a part of the School
District's modifications.
Donnabelle Labonte, 1804 Road 40, stated that she was concerned about the safety of
the students and traffic on Road 40. The parents that pick-up and drop-off double
park at times. It is difficult to safely drive down this road even going the speed limit of
25 mph. She has spoken with staff at the school as well as the Police Department.
She also thought the empty lot to the south of the school would be a better location for
the parking and drop-off.
Page 116 of 141
Commissioner Portugal asked Ms. Labonte if she has contacted anyone at the school
or spoken to the principal.
Ms. Labonte answered that she has been over to the school frequently over the years
working with the administration and this past year she has seen an improvement.
Marilyn Hansen, 3905 W. Pearl Street, stated that her driveway is continually blocked
and her mailbox has been destroyed by parents picking up and dropping off their
children. She stated that she cannot come home for lunch or around 3:00 p.m.
because it is too hard to pull into her home. She believes something definitely needs
to be done to the current parking and asked where the proposed parking will be
located.
Chairwoman Polk responded that the school is planning to have 23 drop-off spots
inside the school property where cars can turn in and park parallel to the school
instead of on the street and some parallel parking. The existing bus drop off will
remain but designated for special needs buses only. The bulk of the buses will be
located farther away.
Ms. Hansen felt that the proposed bus drop-off was a long ways for the kids to walk.
Chairwoman Polk stated that the children would be walking through the school
grounds, not on the sidewalk.
Ms. Hansen asked if the buses could pull in on Pearl but then exit around on the
other side of the school.
Mr. Nunamaker shook his head no.
Ms. Hansen asked if the School District owned the property south of the school.
Mr. Nunamaker responded no.
Rebecca Cooper, 3807 Santa Ana Loop, stated that the buses aren't so much of an
issue as the parent who pick-up and drop-off their children as she sees in her
neighborhood near McGee. She would like to see something done to keep parents off
the street, such as "No Parking" signs or painting the curbs yellow.
Chairwoman Polk asked Mr. Nunamaker to come back and address some of the
concerns discussed by the public, such as; modifying the lot south of the school, how
many parking spots will be added and if any studies have been done regarding parking
on the street versus using the drop-off.
Mr. Nunamaker stated that one of the challenges they have is parents can pull up in
the street wherever they want. The Pasco Police Department has been very responsive
when contacted for traffic control, however, they cannot be out every day. The
Page 117 of 141
challenge with parents is that they want to get as close as possible to where the
children are being let out and want to pick up as quickly as possible. The further
away you place the parking, the more likely they are to violate that and move closer to
the building on either side of the street. The idea behind their proposed design is to
get the parents off of Road 40 which is where they are parking right now. The
proposal gives parents a place to park and even an area to drive through so they don't
have to get out of the car. As for the lot to the south, Mr. Nunamaker referred to Kim
Marsh from the School District, who stated that the School District does not own the
property to the south.
Chairwoman asked for clarification on the parking and drop-off area.
Mr. Nunamaker responded that it will all be reconfigured. Currently there is a small
semi-oval pull-out for parents to pull in however it is significantly smaller. The
challenge is that they have had to use the parking lot as part of the parent pick-
up/drop-off area.
Commissioner Portugal asked how many students attend the school and if there are
more students than intended.
Mr. Nunamaker answered that they are not over capacity with the core building and
portables.
Commissioner Bowers asked for clarification of the drop-off area for parents, pull
through for the buses, where the kids go to find their parents and where the children
will be released from school.
Mr. Nunamaker referred to the map on the overhead to point out where the proposed
parent pick-up and drop-off would be and children released.
Commissioner Portugal stated in addition to reminding parents but neighboring
property owners who may not have children going to the school and asked if they are
notified.
Mr. Nunamaker stated that the property owners in the area typically get notified
through the School District's Building Administration, so the principal contacts people
in the area.
Commissioner Bowers asked Mr. Nunamaker to address the claim from the
Morehouse's regarding this negatively affecting their property value.
Mr. Nunamaker responded that he would not be the correct person to address that
issue.
Donnabelle Labonte, 1804 Road 40, suggested the Planning Commissioner's drive
through the area between 2:30pm-3:40pm to see how congested it gets. In terms of
getting notified by the school, she stated that she no longer has children going to the
Page 118 of 141
school, however she works with the School District and that is the only way she finds
anything out. She did receive a notice in the mail from the City regarding the public
hearing but nothing from the School District.
Pamela Morehouse, 3611 Mesquite Drive, addressed employees parking around their
homes. She asked if there are plans to expand staff parking and if there will be
enough to handle the staff load.
Chairwoman Polk answered that it appears the bus loading is moving to the east and
there will be an optional 40 -stall staff parking area in the middle of the bus loading
area while the buses loop around them.
Ms. Morehouse was concerned about the design for the safety of the children.
Chairwoman Polk addressed the safety concerns.
With no further comments the public hearing closed.
Commissioner Portugal asked staff about a concern Mr. Morehouse had about the City
needing 10' of property to widen the road by this School.
Mr. McDonald responded that is a separate issue and has nothing to do with the
special permit application.
Commissioner Greenaway moved, seconded by Commissioner Mendez, to close the
hearing on the proposed parking lot and initiate deliberations and schedule adoption
of findings of fact, conclusions and a recommendation to the City Council for the
December 17, 2015 meeting. The motion passed unanimously.
Page 119 of 141
PLANNING COMMISSION MINUTES
12/17/15
B. Special Permit Special Permit for the modification of parking
facilities at Mark Twain Elementary School
(Pasco School District) (MF# SP 2015-012)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the special permit application for the
modification of parking facilities at Mark Twain Elementary School. There were no
changes to the staff report since the previous meeting.
Commissioner Greenaway moved, seconded by Commissioner Polk, to adopt findings
of fact and conclusions therefrom as contained in the December 17, 2015 staff report.
The motion passed unanimously.
Commissioner Greenaway moved, seconded by Commissioner Polk, based on the
findings of fact and conclusions therefrom the Planning Commission recommend the
City Council grant a special permit to the Pasco School District for the redevelopment
of the parking lot and bus facilities at Mark Twain Elementary School with the
conditions as contained in the December 17, 2015 staff report. The motion passed
unanimously.
Page 120 of 141
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Ahmad Qayoumi, Director
Public Works
December 16, 2015
Regular Meeting: 1/4/16
SUBJECT: Washington Traffic Safety Commission - Grant Acceptance
I. REFERENCE(S):
Photos of sample "Your Speed" signs
Interagency Agreement between Washington Traffic Safety Commission and the City
of Pasco
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Interagency Agreement with the Washington Traffic
Safety Commission and, further, authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
The proposed $20,000 grant will result in an expenditure of $20,000 and will be
included in the 2016 mid -year budget adjustment.
IV. HISTORY AND FACTS BRIEF:
Washington Traffic Safety Commission announced a call for Target Zero Projects for
the 2016 federal fiscal year in December 2014. Target Zero is a high-level strategic
plan which sets state-wide priorities for all traffic safety partners, provides a resource
for potential strategies to address each of the priority areas, and monitors outcomes at a
statewide level for each of the priority areas.
Target Zero's strategies focus on the Four "E's":
1. Education: Give drivers the information to make the best choices.
2. Enforcement: Use driver behavior data to help law-enforcement officers pinpoint
locations with a high number of serious collisions.
3. Engineering: Use best practices to prevent or reduce the severity of collisions.
4. Emergency Medical Services: Provide high-quality and rapid emergency and
medical response to injury collisions.
Page 121 of 141
The City submitted a grant application for combined educational outreach, including
sign fabricating equipment, materials and supplies, and vehicle behavior data collection
for enforcement. The intent of the program is for local governments to take a step
closer towards meeting Washington State's Target Zero's goals and objectives.
In May 2015, the Washington Traffic Safety Commission (WTSC) notified the City of
an award in the amount of $20,000. Subsequent discussions between WTSC and the
City have resulted in a scope of work to include radar equipped speed signs and public
outreach materials.
In December 2015, the City received the Grant Proposal Interagency Agreement and
Grant Requirement Acknowledgement Form for the $20,000 grant from the WTSC.
V. DISCUSSION:
As proposed, the $20,000 WTSC grant would fund the following:
Purchase of three (3) Speed Radar Message Signs ($14,841); and
Materials for the educational outreach variable roadway messages ($5,159).
The Speed Radar Message Signs would collect anonymous traffic data (i.e. vehicle
speed with time of day and traffic volumes). City engineers would then analyze the
data and develop over -the -speed -limit databases to assist in the development of passive
roadway modifications to discourage speeding and City law enforcement officers in
developing effective enforcement practices for a given area.
The City will be coordinating with Chiawana High School to develop roadway
awareness messages with emphasis on Target Zero educational objectives. This portion
of the grant will pay for the fabrication of the roadway awareness messages.
The grant does not require any monetary matching contributions from the City.
Page 122 of 141
a
F
HOOL
EED
s
[YOUR PEED�
Page 123 of 141
% `q.
INTERAGENCY AGREEMENT
BETWEEN
WASHINGTON TRAFFIC SAFETY COMMISSION
AND THE CITY OF PASCO
THIS AGREEMENT is between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC"
and the City of Pasco, Washington, hereinafter referred to as "CONTRACTOR."
THE PURPOSE OF THIS AGREEMENT is to provide grant funding to combine educational outreach with
speed -feedback systems to increase driver awareness, change driver behavior, and provide accurate
traffic/driver behavior data for specific locations to support law enforcement efforts.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The CONTRACTOR shall create an educational outreach program using portable speed -feedback units, along
with use of roadside message signs to communicate student -designed traffic safety messages, at specific
locations where adverse driver behaviors are most prevalent, as described in the Statement of Work attached
as Exhibit A.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon signing this agreement and remain in
effect until September 30, 2016 unless terminated sooner, as provided herein.
COMPENSATION
Compensation for the work provided in accordance with this Agreement has been established under the terms
of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed
$20,000 (TWENTY THOUSAND DOLLARS). if the CONTRACTOR intends to charge indirect costs,
submission of a cost allocation plan or a Federal cognizant agency letter is required. Payment for satisfactory
performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount.
The following summarizes total project costs under this Agreement.
Summary of costs
Amount
Portable Speed -Feedback Equipment
$14,841
Materials to create message signage
$5,159
TOTAL
$20,000
STATE AND FEDERAL TERMS AND CONDITIONS:
ACTIVITY REPORTS
The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this project in the
form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B.
Final reports are to be detailed and must describe whether the project objectives were accomplished, if
technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or
probably will result. Included in the final report will be copies of publications, training reports and any statistical
data generated in project execution. The final report is to be submitted to WTSC within 30 days of termination
of this Interagency Agreement.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be
made by the WTSC.
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Federal Project CP16-04 CFDA # 20.600 Page 125 of 141
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the party, which
consent shall not be unreasonably withheld. The CONTRACTOR shall provide the WTSC a copy of all third -
party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit
A. All third -party awards must allow for the greatest practical competition in accordance with applicable
procurement rules and procedures.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own
attorney fees and costs.
BILLING PROCEDURE
The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to WTSC
monthly. All invoices for reimbursement shall be submitted using the A-19 attached as Exhibit C or its pre -
approved equivalent. Payment to the CONTRACTOR for approved and completed work will be made by
warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the
Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date
of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2016, must be
received by WTSC no later than August 15, 2016. All invoices for goods or services performed on or prior to
September 30, 2016, must be received by WTSC no later than November 15, 2016.
BUY AMERICA ACT
The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains
the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased with Federal
funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that
inclusion of domestic materials will increase the cost of the overall project agreement by more than 25 percent.
Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to
and approved by the Secretary of Transportation.
CONFIDENTIALITY ! SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or information which may
be classified as confidential, for any purpose not directly connected with the administration of this agreement,
except with prior written consent of the WTSC, or as may be required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49 CFR Part 18
for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-
122 for nonprofit entities. The CONTRACTOR shall not utilize Federal grant funds to replace routine and/or
existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general
expenses required to carry out the overall responsibilities of State, local, or Federally -recognized Indian tribal
governments.
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Federal Project CP16-04 CFDA # 20.600
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COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or
secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
CONTRACTOR for the purpose of securing business. The WTSC shall have the right, in the event of breach
of this clause by the CONTRACTOR, to annul this agreement without liability or, in its discretion, to deduct
from the agreement price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing this agreement, the CONTRACTOR (hereinafter in this section referred to as "lower tier
participant') is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
agreement was entered into. If it is later determined that the lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal government, the department or
agency with which this agreement originated may pursue available remedies, including suspension and/or
debarment.
3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier
participant learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meanings set out in the Definition and Coverage sections of 49 CFR Part 29.
5. The lower tier participant agrees by signing this agreement that it shall not knowingly enter into any lower
tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this agreement originated.
6. The lower tier participant further agrees by signing this agreement that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
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under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The lower tier participant certifies, by signing this agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency.
2. Where the lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this agreement.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board
shall review the facts, agreement terms and applicable statutes and rules and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an
alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW
43.17.330, in which event the Governor's process will control.
DRUG-FREE WORKPLACE
In accordance with the Drug -Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the
CONTRACTOR shall publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the
actions that will be taken against employees for violation of such provision. The CONTRACTOR shall
establish a drug-free awareness program and require that employees provide notification of any criminal drug
statute conviction for a violation occurring in the workplace no later than five days after such incident. The
CONTRACTOR shall notify WTSC within ten days after such notification by an employee engaged in the
performance of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against
such employee, up to and including termination, and require the employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law
enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity if:
1. The entity in the preceding fiscal year received:
a. 80 percent or more of its annual gross revenues in Federal awards,
b. $25,000,000 or more in annual gross revenues from Federal awards, and
2. The public does not have access to information about the compensation of the senior executives of the
entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or
section 6104 of the Internal Revenue Code of 1986.
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
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the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute
or rule, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable state and federal statutes and rules
2. Terms and Conditions of this agreement
3. Any Amendment executed under this Agreement
4. Any Statement of Work executed under this Agreement
5. Any other provisions of the agreement, including materials incorporated by reference
INCOME
Any income earned by the CONTRACTOR with respect to the conduct of the Statement of Work (e.g. sale of
publications, registration fees, service charges) must be accounted for and income applied to project purposes
or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless state,
agencies of state and all officials, agents and employees of state, from and against all claims for injuries or
death arising out of or resulting from the performance of the Agreement. The CONTRACTOR's obligation to
indemnify, defend, and hold harmless includes any claim by the CONTRACTOR's agents, employees,
representatives, or any subcontractor or its employees.
The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the state for any claim arising
out of or incident to CONTRACTOR's or any subcontractor's performance or failure to perform the Agreement.
The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless state and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY
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The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or
agents of the other party.
LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements/standards, necessary for the performance of this Agreement.
NONDISCRIMINATION
The CONTRACTOR will comply with all Federal statutes and implementing regulations relating to
nondiscrimination. These include but are not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race,
color or national origin (and 49 GFR Part 21);
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which
prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with
Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits
discrimination on the basis of disabilities (and 49 CFR Part 27);
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on
the basis of age;
5. The Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal -aid recipients and all
subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities;
6. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
7. The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
9. Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and
290ee-3), relating to confidentiality of alcohol and drug abuse patient records;
9. Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination
in the sale, rental or financing of housing;
10. Any other nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and
11. The requirements of any other nondiscrimination statute(s) which may apply to the application.
In the event the CONTRACTOR is in non-compliance or refuses to comply with any nondiscrimination law,
regulation, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the
CONTRACTOR may be declared ineligible for further contracts with the WTSC. The CONTRACTOR shall,
however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in
accordance with the "Disputes" procedure set forth herein.
POLITICAL ACTIVITY (HATCH ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the
service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both
parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized by law. All books, records, documents, and other material relevant to this Agreement will be
retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials during this
period.
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Federal Project CP16-04 CFDA # 20.600 Page 130 of 141
Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will
remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or
make available this material to any third parties without first giving notice to the furnishing party and giving it a
reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third parties.
REGISTRATION WITH DEPARTMENT OF REVENUE
The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this Agreement.
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its officers, or to any
other authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement.
The CONTRACTOR shall make available information necessary for WTSC to comply with the client's right to
access, amend, and receive an accounting of disclosures of their Personal Information according to the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to
the HIPAA provisions and applicable provisions of Washington State law. The CONTRACTOR shall upon
request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all
internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of
Personal Information obtained or used as a result of this Agreement.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the
U.S. Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event the Materials
are not considered "works for hire" under the U.S. Copyright laws, the CONTRACTOR hereby irrevocably
assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from
the moment of creation. Data shall include, but not be limited to data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound
reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these
rights.
The CONTRACTOR may publish, at its own expense, the results of project activities without prior review by the
WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support
provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or
invention derived from work performed under this project shall be referred to the WTSC, who will determine
through NHTSA whether patent protections will be sought, how any rights will be administered, and other
actions required to protect the public interest.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Agreement and prior to normal completion, the WTSC may terminate the Agreement
under the "Termination for Convenience" clause, without the ten day notice requirement, subject to
renegotiation at the WTSC's discretion under those new funding limitations and conditions.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without
the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable.
SITE SECURITY
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Federal Project CP16-04 CFDA # 20.600 Page 131 of 141
While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors shall conform in all
respects with physical, fire or other security policies or regulations.
STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities Include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NMTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or
other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If
this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement,
or if either party violates any of these terms and conditions, the aggrieved party will give the other party written
notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or
failure within fifteen (15) working days. If failure of violation is not corrected, this Interagency Agreement may
be terminated immediately by written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice, beginning on the
second day after the mailing, terminate this Agreement in whole or in part. If this Agreement is so terminated,
the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or
goods delivered prior to the effective date of termination.
TREATMENT OF ASSETS
1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a
direct item of cost under this Agreement, shall pass to and vest in the WTSC upon delivery of such property by
the CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this
Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance
of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii)
reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs.
2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided herein or
approved by the WTSC, be used only for the performance of this Agreement.
3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results
from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR
to maintain and administer that property in accordance with sound management practices.
4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the
WTSC and shall take all reasonable steps to protect the property from further damage.
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5. The CONTRACTOR shall surrender to the WTSC all property of the CONTRACTOR prior to settlement
upon completion, termination or cancellation of this Agreement.
6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR's employees,
agents or Subcontractors.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a writing signed by an authorized representative of the party and attached to the
original Agreement.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each of the parties, for all
communications and billings regarding the performance of this Agreement:
The Contact for the CONTRACTOR is:
The Contact for WTSC is:
Joe Seet
Myke Gable, Program Manager
(509} 545-3444
(360) 725-9875
seetj@pasco-wa.gov
mgable@wtsc.wa.gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF PASCO
Signature
Printed Name
Title Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Printed Name
Title Date
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Federal Project CP16-04 CFDA # 20.600
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Exhibit A
STATEMENT OF WORK
Purpose:
This project will combine educational outreach and speed -feedback units to increase driver awareness, change
driver behavior, and provide accurate traffic/driver behavior data for specific locations to support law
enforcement efforts. The educational outreach will use portable speed -feedback units, along with roadside
message signs to communicate student -designed traffic safety messages, at specific locations where adverse
driver behaviors are most prevalent.
Deliverables and Milestones:
1. Establish details of locations and movement plan for speed -feedback units and student -designed traffic
safety signage by December 31, 2015,
2. Purchase two or three speed -feedback units (as determined by actual costs) by December 31, 2015.
3. Install speed -feedback units in selected locations by January 31, 2016.
4. Select student -designed traffic safety message signage by March 31, 2016.
5. Create and install/deploy student -designed message signs by May 31, 2016.
6. Develop a database of relative data and provide to appropriate law enforcement and city engineering
officials, as data is collected.
Measurement of Results:
1. Reduction of crashes in the areas where speed -feedback signs and student -designed message signs are
installed from installation date until September 30, 2016.
2. Driver behavior databases are developed for and provided to law enforcement officers and city engineering
staff by September 30, 2016.
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Federal Project CP16-04 CFDA # 20.600 Page 134 of 141
Exhibit B
WASHINGTON
0ITra& 5 1ty
C o M M I S s I o N
Traffic Safety Project Report
Agency: Date Submitted:
Project Title: WTSC Contract Number:
Report Submitted By: Grantee Contract Number (if applicable):
Quarterly Report Number:
❑1st Quarter Report Oct. 1 — Dec. 31, 2015 Due on Jan. 15, 2016
❑2"d
Quarter Report
Jan. 1 — Mar. 31, 2016
Due on Apr. 15, 2016
❑3�
Quarter Report
Apr. 1 — Jun. 30, 2016
Due on Jul. 15, 2016
E]&h
Quarter Report
July 1 — Sept. 30, 2016
Due on Oct. 15, 2016
Other Report:
[]Final Report Due within 30 days of project close
(2) Activity — Briefly describe project activity for this reporting period (Include relevant milestones and
deliverables).
(3) Goals — Briefly describe how project activity has contributed to accomplishing the stated goals (as included
in the original proposal) of the project.
(4) Problems or Favorable Developments — Briefly describe any problems that impair your ability to
accomplish project goals and any favorable developments that will allow you to meet timelines and objectives
sooner or at less cost than anticipated.
(5) Expenditures — Provide a summary of expenditures for this reporting period.
Category of Expenditure
Amount
Employee salaries and benefits
Travel (includes in-state and out-of-state travel)
Contract Services (usually involves a 3rd party service provider)
Equipment* (specify equipment in the table below)
Goods or other expenses (examples: office/printing supplies, postage,
software, conference registration fees)
(6) If applicable, include reports or status updates from contractors (3d party service providers) and any
summary documents or publications created.
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Federal Project CP16-04 CFDA # 20.600 Page 135 of 141
Exhibit C
FORM a STATE OF WASHINGTON
A 19 INVOICE VOUCHER
(Rev, 4!1!13)
AGENCY USE ONLY
AGENCY N0. LOCATION CODE P.R. OR AUTH. NO.
2280
AGENCY NAME
For INTERNAL USE ONLY
DATE:
WA Traffic Safety Commission
PO BOX 40944
Olympia WA 98504-0944
PROJECT #:
APPROVED BY:
VENDOR OR CLAIMANT (Warrant is to be payable to)
INSTRUCTIONS TO VENDOR OR CLAIMANT. Submit this form
to claim payment for materials, merchandise or services. Show
complete detail for each item.
BY
(Please fill in mailing address matching Fed ID #)
(Approval Signature & Title)
(Print Name) (Date)
*Statewide Vendor #:
FEDERAL I.D. # OR SOCIAL SECURITY #. (For reporting Personal Services Contract Payments to I.R.S.
CFDA #
DATE
_ DESCRIPTION
QUANTITY
UNIT
PRICE
AMOUNT
FOR AGENCY
USE
TOTALW
y
PREPARED BY
7
TELEPHONE NUMBER
10
DOC. DATE
PMT DUE
DATE
CURRENT DOC.
N0.
REF DOC.
VENDOR NUMBER
VENDOR MESSAGE
UBI NUMBER
REF
DO
TRANS
CODE
M
O
FUND
MASTER INDEX
SUB
OBJnFLIFf.T
SUB
SUB
ORG
INDEX
WORKCLAS COUNTY
gL�oc
BUDGET
UNIT
CITY70WN
Mos
PROJEC
T
SUB
PRO)
PROJ
PHAS
AMOUNT
INVOICE NUMBER
appN pROGRgM
INDEX INDEX
ACCOUNTING APPROVAL FOR PAYMENT
DATE
WARRANT TOTAL
WARRANT NUMBER
Page 12 of 12
Federal Project CP16-04 CFDA # 20.600 Page 136 of 141
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Director of Public Works
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Citywide Traffic Signal Improvements Project
I. REFERENCE(S):
December 17, 2015
Regular Meeting: 1/4/16
Benton -Franklin Council of Governments Recommendation for 2016 and 2017
STP/TAP Project Prioritization for STIP Funding
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the division of the Citywide Traffic Signal
Improvements Project into two phases and, further, move to include both projects in
the City's 2016-2021 Capital Improvement Plan.
III. FISCAL IMPACT:
Citywide Traffic Signal Improvements Project—Phase 1: $1,541,254
STP Grant - $1,333,184
Arterial Street Fund - $208,070
Citywide Traffic Signal Improvements Project —Phase 2: $3,300,000*
STP Grant - $983,776 (Currently Allocated)
Arterial Street Fund - TBD (13.5% of total project cost as local funds match, if STP
funds are secured)
* Project is not fully funded. Additional grant applications will be submitted.
IV. HISTORY AND FACTS BRIEF:
In November 2015, Washington State Department of Transportation (WSDOT) Local
Highways Program division notified Benton Franklin Council of Governments
(BFCOG) that BFCOG had over -obligated Surface Transportation Program (STP)
funds in previous years' projects, culminating in a $4.4 million deficit for the 2016
fiscal year.
Page 137 of 141
BFCOG immediately convened a special Technical Advisory Committee (TAC)
meeting on November 9, 2015 to discuss strategies on how to address the deficit issue
without compromising the BFCOG's 2016 Surface Transportation Improvement
Program (STIP) delivery objectives to all jurisdictions.
During the TAC meeting, based on the remaining balance of STP funds, the City
agreed to separate the Citywide Traffic Signal Improvements Project ("Project") into
two separate phases with funding obligations spread over two years rather than
deferring the entire Project to 2018.
Phase 1 of the Project will be eligible to obligate the federal funds in 2016; whereas
Phase 2 would be deferred to 2018.
V. DISCUSSION:
BFCOG is aware and has acknowledged that their past practice of "first come, first
serve" obligation approach is no longer effective due to area growth and increased
project funding needs. BFCOG will be taking steps to establish programming policies
for future obligations to avoid repeating the current deficit situation.
BFCOG had initially opted to defer the entire Citywide Traffic Signal Improvements
Project to 2018. Staff was able to successfully negotiate partial deferment to 2016 and
the remainder to 2018.
The project will be broken down into the following phases:
Citywide Traffic Signal Improvements Project — Phase 1 will upgrade 11 signalized
intersections that were identified to have no right-of-way impact. Phase 1 is
expected to be advertised for construction in 2016.
Citywide Traffic Signal Improvements Project — Phase 2 will upgrade 22 signalized
intersections with identified right-of-way impacts. The Preliminary Engineering for
Phase 2 will include right-of-way services, property boundary surveys and
environmental documentation to meet federal requirements and certifications.
Phase 2 will require additional funding in order to complete the project and the
additional time to receive STIP fund allows the City to pursue additional grants.
Phase 1 would require $208,070 City funds as local match for the $1,333,184 received
in federal grants. Phase 2 requires a 13.5% of total project cost as local funds match, if
STIP funding is secured.
Citywide Traffic Signal Improvements Project Phase 1 and Phase 2 will replace the
original Project in the City's adopted 2016-2021 Capital Improvement Plan.
The revised projects will be submitted to BFCOG on January 7, 2016 for acceptance
before being submitted to Federal Highway Administration (FHWA) for final approval.
Page 138 of 141
BENTON-FRANKLIN COUNCIL OF GOVERNMENTS
1622 Terminal Dr. • Richland, WA 99352 Ph: (509)943-9185
http://bfcog.us Fax: (509)943-6756
AGENDA #4A
December 3, 2015
To: Tri -MATS Committees
From: Andres Gomez, Transportation Manager
Tanna Dole, Transportation Planning Specialist III
Re: 2016, 2017and 2010 STP/TAP Project Prioritization for STIP
RECOMMENDATION: That the Tri -MATS committees recommend approval of the attachment #1 titled
Financial Constraint for 2016-2017 as the prioritized listing of STP and TAP projects; and the projects will
remain programmed as shown and are expected to obligate in the programmed year.
BACKGROUND: The STP status update in November was a disappointment, given the carry -forward of
STP funds is in violation of the Obligation Authority Policy. BFCG received an update report on the 2015
obligations from WSDOT Local Programs, Headquarters just moments prior to the TAC meeting on
November 5t". BFCG is beginning the FFY2016 with a negative carry -forward of4.4 million.
The TAC called a special meeting on November 9t" to discuss and determine how to proceed forward.
The focus of the special meeting was to achieve consensus on prioritizing projects in the 2016 STIP that
would benefit all jurisdictions. After much deliberation the meeting broke up with these outcomes:
The City of Pasco prepared a list of locations and cost estimate information for their Traffic
Signal Improvements project. The project can be split into two separate projects over two
years, allowing for fiscal constraint of the STIP by year. (See revised - Attachment #1)
• After discussion with Franklin County, BFCG staff will make an effort to move two of Franklin
County's projects from program year 2018 to program year 2017. (See revised - Attachment #1)
• BFCG staff was requested to make several revisions to the spreadsheet the committee was
working with; 1.) Revise to display projects that are not currently in the STIP, 2.) Add all years of
UPWP allocation. (See revised - Attachment #1)
WHAT BFCG KNOWS NOW:
✓ BFCG will have a two-year constraint (2016-2017).
✓ The first quarter of IFFY 2017 is available to use. ($792,500)
✓ Pasco's Traffic Signal Improvements is shown in Attachment #1 and will be amended in the
2016 STIP to reflect the change.
The above items have made the difference between being able to obligate in 2016/2017 or not. That
said, the Local Agency Task Force is going to meet in December and could still make changes to what we
have been told.
Please review Attachment #1 and contact me with any questions you might have.
BFCG hereby gives public notice that it is the agency policy to assure full compliance with Title VI of the 1964 Civil Rights Act, the Civil Rights
Restoration Act of 1987, Executive Order 12898 on Environmental Justice, and related statutes and regulations in all programs and activities.
Page 139 of 141
PAC Meeting — December 10, 2015
Continued - 2016, 2017 and 2018 STP/TAP Project Prioritization for STIP
Page 2
The TAC unanimously recommended approval with the following changes.
1. Delete PAI g from the recommendation; use only years 2016 and 2017.
2. Change the title of the spreadsheet to years 2016 and 2017 only.
3. Identify projects for STP and TAP on attachment #1 that were obligated during "1st Quarter-FFY
2016 10/1/15 — 12/30/15"
4. Delete "Ga" {eF PF9jeet--" in both the STP and TAP.
Page 140 of 141
Financial Constraint for 2016-2018
BENTON-FRANKLIN TMA/MPO/RTPO
2019/2020
2018/2019
2017/2018
2016/2017
10/1/2015 10/1/2016 10/1/2017 10/1/2018 10/1/2019
STIP ID
Project Title Agency Phase Federal Fund
2016
2017
2018
2019
2020 Federal Funds
NOT in STIP
Code
WA -08339
Regional Traffic Count Program BFCG PE STP(UL)
55,100
55,100
WA -08339
Regional Traffic Count Program BFCG PE STP(US)
787
787
WA -08339
Regional Traffic Count Program BFCG PE STP(R)
17,430
17,430
WA -05977
2016 - 2018 Unified Planning Work Program BFCG PE STP(R)
17,000
8,500
25,500
WA -05977
2016 - 2018 Unified Planning Work Program BFCG PE STP(UL)
96,520
48,260
144,780
WA -05977
2016 - 2018 Unified Planning Work Program BFCG PE STP(US)
3,176
1,588
4,764
R011
Duportail Street Reconstruction Richland CN STP(UL)
628,520
628,520
R015
Queensgate Pathway Richland RW TAP(UL)
40,000
40,000
R015
Queensgate Pathway Richland CN TAP(UL)
70,470
70,470
R2014
Vantage Highway Pathway - Phase 1 Richland CN TAP(UL)
204,739
204,739
WA -05183
Pasco-Kahlotus Road Reconstruction/Overlay II Franklin Co. RW STP(R)
162,551
162,551
WA -06464
Basin City Alternative Transportation Route Impro Franklin Co. CN TAP(R)
37,072
37,072
WA -00157
Taylor Flats Bridge #903-3.46 Widening Franklin Co. PE STP(R)
50,000
50,000
WA -01693
Argent Road Widening Pasco CN STP(UL)
350,000
350,000
WA -07739
Dual Right Turn Southbound 68 Pasco PE STP(UL)
295,753
295,753
WA -07739
Dual Right Turn Southbound 68 Pasco CN STP(UL)
495,370
495,370
WA -05347
Traffic Signal Improvements - City Wide Pasco CN STP(UL)
1,080,927
983,776
2,064,703
WA -05347
Traffic Signal Improvements - City Wide Pasco CN TAP(UL)
252,257
252,257
Lewis &Clark One Way Couplet Pasco PE STP(UL)
54,742
7th Street Improvements Prosser STP(US)
88,954
Center Parkway Extension Richland RW STP(UL)
973,700
Total Not in STIP
1,117,396
Total TAP Programmed
604,538
604,538
Total STP Programmed
2,112,011
2,183,247
4,295,258
1992-2015 STP Carry -forward (as of 9/30/2015)
(4,400,085)
(482,585)
575,404
1,562,157
4,132,157
1st Quarter FFY 2016 Obligations 10/1/15-12/31/15
(45,000)
I
ESTIMATE
Closures/Deobligations 10/1/15-9/30/16
January 2017
Estimated 2016 STP Allocations
3,170,000
3,170,000
3,170,000
3,170,000
3,170,000
Call for Projects
1st quarter (Oct -Dec) of FFY 2017 Estimated STP Allocations
792,500
2019-2020
Total STP Available to Program
(482,585)
2,687,415
3,745,404
4,732,157
7,902,157 12,197,415
6,784,761
2010-2015 TAP/Enhancement Carry -forward (as of 9/30/2015)
503,000
763,000
446,462
734,462
1,022,462
ESTIMATE
1st Quarter FFY 2016 Obligations 10/1/15-12/31/15 (100,000)
Closures/Deobligations 10/1/15-9/30/16
January 2017
Estimated 2016 TAP Allocations
288,000
288,000
288,000
288,000
288,000
Call for Projects
1st quarter (Oct -Dec) of FFY 2017 Estimated TAP Allocations
72,000
2016-2020
Total TAP Available to Program
763,000
1,051,000
734,462
1,022,462
1,310,462 1,915,000
1 1,310,462
(D
0
11/24/2015
ATTACHMENT #1
Total BFCG STP projects Includes
those in the STIP & those projects that
are not.
5,412,654