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HomeMy WebLinkAbout2005.07.05 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. July 5,2005 Please note that our Council Meeting will take place on Tuesday,July 5 as City Hall will be closed Monday, July 4 in honor of the 4t`of July Holiday. 1. CALL TO ORDER 2. ROLL CALL: Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated June 20, 2005. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$853,716.80 ($78,331.19 being in the form of Wire Transfer Nos. 4359 and 4363 and, $775,385.61 consisting of Claim Warrants numbered 149393 through 149635). 2. To approve Payroll Claims in the amount of $1,332,177.97, Voucher Nos. 32872 through 33054;and EFT'Deposit Nos. 30004818 through 30005250. (c) Amendment No. 1 to the C112M Hill Professional Services Agreement: 1. Agenda Report from Robert J. Alberts, Public Works Director dated June 22, 2005. 2. Amendment No. 1. 3. Map. To authorize the Mayor to execute Amendment No. 1 to the CH2M Hill Professional Services Agreement for Road 88 Sewer Interceptor Project. (d) JUB Agreement—Lewis Street Design: 1. Agenda Report from Robert J. Alberts, Public Works Director dated June 23, 2005. 2. Proposed Agreement. 3. Map. To approve the Agreement with JUB Engineers, Inc., for engineering services for the Lewis Street design. . (e) Resolution No. 2880, a Resolution establishing criteria for consideration of financial assistance for underground conversion of overhead electric utilities in the Downtown area. 1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated June 21, 2005, 2. Draft Resolution. To approve Resolution No. 2880, establishing a program to provide financial assistance for the undergrounding of electrical utilities in the downtown area of Pasco. *(f) Resolution No. 2881, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Salt Lake Street and California Avenue adjacent Block 15, Frey's Addition. L Agenda Report from David I. McDonald, City Planner dated June 30, 2005. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2881, fixing 7:00 p.m., August 1, 2005 as the time and date for a public hearing to consider the proposed vacation. (RQ MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 July 5, 2005 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Mike Garrison for "Yard of the Month,"June 2005. 1. Laura Miller, 1520 W. Yakima 2. Henry and Maria Gonzales, 220 N. Waldemar 3. Keith and Donna Best, 133 Berkshire Lane 4. John and Pauline Clark, 3007 70'b Place 5. Joyce Arntson, 5016 W. Sylvester 6. Kevin and Delia Moser, 6407 Comiskey Drive 7. Tom and Kathy Robinson, 8813 Whipple Avenue 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (none) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Chapter 9.48 "Park Code"of the Pasco Municipal Code. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 16, 2005. 2. Proposed Ordinance. 3. RCW Definitions for Vehicles for Disabled. MOTION: I move to adopt Ordinance No. , amending Chapter 9.48 "Park Code" of the Pasco Municipal Code and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, creating Chapter 3.30 of the Pasco Municipal Code entitled `Boulevard Perpetual Maintenance Fund." 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 15, 2005. 2.. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , establishing a new Chapter 3.30 of the Pasco Municipal Code entitled `Boulevard Perpetual Maintenance Fund" and, further, authorize publication by summary only. -AND- MOTION: I move to authorize the transfer of reserved maintenance monies from the Park Fund to the Boulevard Perpetual Maintenance Fund. Q*(c) Ordinance No. , an Ordinance of the City of Pasco, Washington; amending the Zoning Classification of Lots 1 and 2 of Short Plat 2004-25, located in the northeast quarter of Section 26, Township 9 North, Range 29 East from C-1 (Retail Business) to R-1 (Low Density Residential). 1. Agenda Report from David I. McDonald, City Planner dated June 29, 2005. 2. Proposed Rezone Ordinance. 3. Planning Commission Report: dated 5/26/05. 4. Planning Commission Minutes: dated 5126/05 and 6116/05. MOTION: I move to adopt Ordinance No. , granting a rezone to Branwood Company from C-1 to R-1 as recommended by the Planning Commission and, further, authorize publication by summary only. Regular Meeting 3 July 5,2005 9. UNFINISHED BUSINESS: (a) Resolution No. 2878, defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. 1. Agenda Report from Elden Buerkle, Management Assistant dated June 30, 2005. 2. Proposed Resolution. MOTION: I move to approve Resolution No. 2878, defining a community process to select the paint design for the city water reservoirs at Road 76 and Sandifur. 10. NEW BUSINESS: *(a) Martin Luther King Roofing Project: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 23, 2005. 2. Bid Summary. (RQ MOTION: I move to award the low bid for the Martin Luther King Roofing Project to Scholten Roofing Inc., in the amount of $86,466.72 including sales tax and, further, authorize the Mayor to sign the contract documents. (b) Road 68 Composite Reservoir-Project No.04-2-06: 1. Agenda Report from Robert J. Alberts, Public Works Director dated June 28, 2005. 2. Bid Summary. 3. Low Bid Summary. 4. Tank Construction/Painting/Elevations Drawing. 5. Tank Construction/Site Piping/Electrical Plan Drawing. (RQ MOTION: I move to award the low bid for the 2.5 mg composite reservoir to Landmark in the amount of$ , plus sales tax. Q*(c) Special Permit: Food Bank in an I-1 (Light Industrial) Zone at 504 S. Oregon Avenue (Golden Age Food Share) (MF#05-63-SP): 1. Agenda Report from David 1. McDonald, City Planner dated June 29, 2005. 2. Report to Planning Commission: dated 5/26105. 3. Planning Commission Minutes: dated 5/26/05 and 6116105. MOTION: I move to approve the special permit for Golden Age Food Share to locate a Food Bank at 504 S. Oregon Avenue as recommended by the Planning Commission. Q*(d) Special Permit: Location of a Day Care at 1803 West Bonneville Street (MF#05-76-SP): 1. Agenda Report from David I. McDonald, City Planner dated June 29, 2005. 2. Report to Planning Commission: dated 5/26/05. . 3. Planning Commission Minutes: dated 5/26/05 and 6/16105. MOTION: I move to approve the special permit for Jeff & Yolanda Robinson to locate a Commercial Day Care at 1803 West Bonneville Street as recommended by the Planning Commission. Q*(e) Special Permit: Balcom & Moe Parking Lot (535 N. I" Avenue) in an I-1 (Light Industrial) Zone (MF#05-85-SP): 1. Agenda Report from David 1. McDonald, City Planner dated June 29, 2005. 2. Report to Planning Commission: dated 6116/05. 3. Planning Commission Minutes: dated 6/16105. MOTION: I move to approve the special permit for Balcom & Moe to locate an off-site parking lot at 535 N. 1"Avenue as recommended by the Planning Commission. o*(f) Special Permit: Van Transportation Services from the Colimas Bakery at 1320 N. 41h Avenue (MF#05-77-SP): 1. Agenda Report from David I. McDonald, City Planner dated June 29, 2005. 2. Report to Planning Commission: dated 5/26/05. 3. Planning Commission Minutes: dated 5/26/05 and 6/16105. MOTION: I move to approve the special permit for Daniel Mendoza to locate a Van Transportation service at the Colimas Bakery located at 1320 North 4`h Avenue as recommended by the Planning Commission. 11. MISCELLANEOUS DISCUSSION:. (a) (b) (c) Regular Meeting 4 July 5,2005 12. EXECUTIVE SESSION: (a) (b) (0 13, ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 10:00 a.m., Monday, July 4—Pasco's 17`' Annual Grand Old 40'of July Parade. (Check in at registration tent in Volunteer Park at 9:00 a.m.) (MAYOR MIKE GARRISON, COUNCILMEMBERS EILEEN CRAWFORD,BOB HOFFMANN,JOE JACKSON and TOM LARSEN) 2. 8:00 p.m., Monday, July 4, Dust Devils Stadium — 4"h of July Fireworks Display Welcome Address. (MAYOR MIKE GARRISON)(ALL COUNCILMEMBERS INVITED TO ATTEND) 3. 12:00 p.m., Wednesday, July 6, 1135 E. Hillsboro Street,#B —Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER JOE JACKSON) 4. 5:30 p.m., Thursday, July 7, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting (will be taking a tour of the parks). (COUNCILMEMBER REBECCA FRANCIK) i I MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 20, 2005 CALL TO ORDER: The meeting was called to order at 7:02 p.m. by Michael L. Garrison, Mayor. ROLL CALL: Councilmembers present: Robert Hoffmann, Michael Garrison, Eileen Crawford, Joe Jackson, Tom Larsen, Matt Watkins, and Rebecca Francik. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doyle Heath, City Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief; Elden Buerkle, Management Assistant; and Marjorie Worden, Information Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated June 6, 2005. (b) Bills and Communications: To approve General Claims in the amount of$867,364.69 ($38,421.61 being in the form of Wire Transfer Nos. 4354 and 4357 and, $828,943.08 consisting of Claim Warrants numbered 149142 through 149392). To approve bad debt write-offs for utility billing, ambulance, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$176,177.31 and, of that amount, authorize$126,298.16 be turned over for collection. (c) Appointment to Planning Commission: To appoint Michael Miles to Position No. 7, with an expiration date of 2/2/08. (d) Appointment to Public Facilities District Board: To reappoint Spence Jilek to Position No. 3, with an expiration date of July 14, 2009. (e) Interlocal Cooperation Agreement for Ambulance Services—Franklin County Fire District No. 2: To approve the Interlocal Agreement with Franklin County Fire District No. 2 to provide "Intercept" paramedic services and, further, authorize the Mayor to sign the Agreement. (f) Contract for Services Automation of Permitting System: .To approve the Agreement with CRW Associates for the installation and use of permits, planning and code enforcement software in an amount not to exceed $144,000 plus $12,000 for travel expenses and, further, authorize the City Manager to sign the agreement. (g) Final Plat: College View Heights (Pasco Vineyards Associates) (MIT#05-94- FP): To approve the final plat for College View Heights. (h) Final Plat: Highland Meadows Phase III (Copper Basin) (MF#05-67-FP): To approve the final plat for Highland Meadows Phase M. 441 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 20, 2005 (i) Resolution No. 2878, a Resolution defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. To approve Resolution No. 2878, defining a community process to select the paint design for the city water reservoirs at Road 76 and Sandifur. Removed from Consent Agenda and moved to Item 10d—New Business. Resolution No.2879 a Resolution of the City of Pasco, Washington (1) � y g designating acceptable locations for the possession, display or consumption of liquor subject to certain requirements. To approve Resolution No. 2879, designating acceptable locations for the possession, display or consumption of liquor subject to certain requirements. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Leonard Dietrich, 4615 Hilltop Dr., stated that he wanted to correct erroneous statements Councilmember Crawford has made over approximately the last month that he and his family had attempted to buy influence with the City Council and others. Mr. Dietrich affirmed his honesty and integrity, stating that his family has resided in the community since 1941, that never had there been a question of him asking for anything in return, that he had never requested nor been offered any reward from any member of any elected body, that his purpose in working with campaigns was to help elect the best qualified people, and that all his filings are public and open to review. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison, Ms. Crawford, and Mr. Larsen reported on Councils participation in the Juneteenth celebration. NEW BUSINESS: Sylvester Street Water Main Improvements: MOTION: Ms. Francik moved to award the low bid for the Sylvester Street Water Main Improvements, Project No. 05-2-02 to Watts Construction, Inc., in the amount of $434,638.23 including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. 2005 Overlays; Project No. 05-3-01: MOTION: Ms. Francik moved to award the low bid for all areas in the 2005 Overlays, Project No. 05-3-01, to Transtate Paving Co., Inc., in the amount of$749,615.00 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Purchase of Property located at 110 N. Tacoma: MOTION: Ms. Francik moved to approve the purchase of 110 N. Tacoma and, further, authorize the City Manager to execute all documents necessary to effect the purchase. Mr. Jackson seconded. Motion carried 6-1. No—Larsen. Resolution No. 2878, a Resolution defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. MOTION; Ms. Francik moved to approve Resolution No. 2878 defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. Mr. Jackson seconded. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 20, 2005 MOTION: Ms. Crawford moved to table Resolution No. 2878 until the July 5`h regular meeting. Mr. Jackson seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:27 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 5th day of July, 2005 3 CITY OF PASCO Council Meeting of: July 5, 2005 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 that we are authorized to authenticate ify to " claim.&I —_ Gary Crutchfield, City Manager James V,P hase, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4359 and 4363 in the amount of$78,331.19, have been authorized;that Check No.s 149393 through 149635 are approved for payment in the amount of$775,385.61,for a combined total of$853,716.80 on this 5th day of July,2005. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 0.00 Judicial 5,736.60 Executive 4,460.13 Police 148,892.24 Fire 9,731.78 Administration&Community Services 68,947.13 Community Development 34,256.40 Engineering 28,753.65 Non-Departmental 74,563.16 Library 72,654.53 TOTAL GENERAL FUND: 447,995.62 i STREET 30,256.50 C. D. BLOCK GRANT 4,740.07 KING COMMUNITY CENTER 2,093.63 AMBULANCE SERVICE 1,664.93 CEMETERY 1,909.42 ATHLETIC PROGRAMS 1,413.00 SENIOR CENTER 4,585.50 MULTI MODAL FACILITY 2,408.78 RIVERSHORE TRAIL&MARINA MAIN 79.62 LITTER CONTROL 0.00 REVOLVING ABATEMENT 1,258.00 PARKS FUND 1,930.28 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 6,195.31 SUN WILLOWS RESIDENTIAL DEVELOPMENT 1,839.25 METRO DRUG TASK FORCE 2,346.88 METRO DRUG FORFEITURE FUND 1,486.79 GENERAL CONSTRUCTION 2,134.82 WATER/SEW ER 189,017.35 EQUIPMENT RENTAL-OPERATING 17,885.60 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 78,331.19 CENTRAL STORES 1,181.60 FIRE PENSIONS 4,825.18 PAYROLL CLEARING 31,053.66 LID CONSTRUCTION 17,08182 GRAND TOTAL ALL FUNDS: $ 853,716.80 3(b}.1 CITY OF PASCO Council Meeting of: Payroll Approval July 5,2005 The City Council City of Pasco Franklin County, Washington The follo 'ng is a summary of payroll claims against the City of Pasco for the month of June 2005 w are sented rswith for your review and approval. G ry D. Crut hfield, City anager James W. Chase, F n nce Manager We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 32872 through 33054 and EFT deposit No's.30004818 through 30005250 and City contributions in the aggregate amount of$1,332,177.97 are approved for payment on this 5th day of July 2005. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 5,413.22 Judicial 45,253.43 Executive 31,580.18 Police 391,868.65 Fire 182,060.17 Administrative&Community Services 226,189.36 Community Development 52,646.58 Engineering 58,861.18 TOTAL GENERAL FUND 993,872.77 CITY STREET 27,086.22 BLOCK GRANT 6,437.51 MARTIN LUTHER KING CENTER 4,630.80 AMBULANCE SERVICE FUND 95,052.91 CEMETERY 4,405.87 ATHLETIC FUND 0.00 SENIOR CENTER 8,660.71 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 98.73 BOAT BASIN 98.73 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 7,681.90 WATER/SEWER 168,028.53 EQUIPMENT RENTAL-OPERATING 16,123.29 GRAND TOTAL ALL FUNDS $ 1,332,177.97 Payroll Summary Net Payroll 786,224.83 Employee Deductions 309,895.85 Gross Payroll 1,096,120.68 City of Pasco Contributions 236,057.29 Total Payroll $ 1,332,177.97 3(b).2 AGENDA REPORT NO. 21 FOR: City Council Date: 06/22/05 TO: Gary Crutchfi Manager Workshop Mtg.: 06/27/05 Regular Mtg.: 07/05/05 FROM: Robert J.Albert 41 11�?Works Director SUBJECT: Amendment No. 1 to the CH2M Hill Professional Services Agreement I. REFERENCE(S1; 1. Amendment No. 1 2. Map IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/27: Discussion 07/05: Motion: I move to authorize the Mayor to execute Amendment No. 1 to the C112M Hill Professional Services Agreement for Road 88 Sewer Interceptor Project. III. FISCAL IMPACT: UtilityFund IV. HISTORY AND FACTS BRIEF: This amendment is to have the CH2M Hill provide design services for the Road 88 Sewer Interceptor. On February 22, 2005, the City signed an on-going services agreement with C112M Hill to provide Utility Consulting services as needed with an annual budget of $30,000. The proposed amendment is for services that are not considered on-going and not within the budget. The amendment is for a specific task. The task is to design a sewer interceptor that would service the site of the proposed new high school at Argent Road and Road 84. The design route would be in Road 88 from Chiwana Park to Argent Road and Bell Street. The design will also encompass future sewers to McLaughlin Middle School and Ruth Livingston Elementary School. The fee for this task is $42,500. V. ADMINISTRATIVE ROUTING: Project File 3(c) AMENDMENT NUMBER I to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The CH2M Hill entered into a Professional Services Agreement on February 22, 2005, with respect to on-going transportation and traffic management services. NOW, THEREFORE,this agreement is amended to allow The CH2M Hill to provide additional utility design and engineering services as described on Attachment A. 1. Scone of Work. Task A--Provide a design for a new sewer interceptor in Road 88 from Chawana Park to Argent Road and Bell Street as outlined in Attachment A. The new pipeline would be designed to service the new high school site and future service to McLaughlin Middle School and Ruth Livingston Elementary School. 2. Fee. Task A-The added services by the consultant shall be in an amount of$42,500. 3. Time of performance. - Task A -It is anticipated that the engineering services shall be complete for the project within 150 days of approval of this amendment. DATED THIS DAY OF , 2005. CITY OF PASCO: CONSULTANT—The C112M Hill: Michael L. Garrison, Mayor Signature Title ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney CH2M Hill 1 Amendment No. 1 Professional Services Agreement—On-going Services i ATTACHMENT A CITY OF PASCO ROAD 88/BELL STREETIROAD 84 SEWER PIPELINE SCOPE OF SERVICES GENERAL The City of Pasco has been asked to provide sewer services to the new high school site northeast of the intersection of Argent.Road and Road 84. The schools at Road 88 and Road 84,south of Argent,would also be served by the new pipeline. A preliminary layout of the new pipeline was prepared by CH2M HILL in May 2005, A new 10-inch pipeline will be constructed in Road 88,from the interceptor connection at Chiawana Park,to Bell Street(north of Argent). The 10-inch pipeline will continue easterly in Bell Street to Road 84,turning north in Road 84 and terminate at a connection for the trailer park on the east side of Road 84. The school at the northeast comer of Road 84 and Richardson Road will be served by an 8-inch pipeline constructed in Richardson Road from a connection with the 10-inch pipeline in Road 84. Task 1: Preliminary Design Preliminary Design services consist of the following: • Contact utility companies serving the area to mark utilities in the field and obtain utility_ drawings. • Obtain right-of-way maps of the project area. • Coordinate a site-survey of the project area to identify utility locations, rights-of-way, and key service elevations. Survey services will be provided-by the City of Pasco. • Contact property owners adjacent to the pipeline routes to establish service lateral locations. • Obtain standard specifications,standard details,and drawing standards from the City of Pasco for use on this project. • Establish final design criteria,preliminary drawings (base map),schedule of completion of design drawings, and preliminary opinion of probable cost. • Meet with City to review status of Preliminary Design and obtain input, review, and comments. Task 2: Final Design Final Design services consist of the following: Prepare final design drawings and specifications. Specifications will be prepared utilizing City of Pasco standard specifications for sewer pipeline construction. • Provide technical criteria, written descriptions, and design data for the City to use in filing applications for permits,or obtaining approvals of government authorities having jurisdiction to approve the design of the project, and assist the City in consultations. • Update the opinion of probable cost at the 90%completion of the bidding documents. ATTACHMENT B CITY OF PASCO ROAD 88/BELL STREET/ROAD 84 SEWER PIPELINE CONSULTANT COST PROPOSAL Based on the "Scope of Services",Attachment A, for the Road 88/Bell Street/Road 84 Sewer Pipeline project,CH2M HILL has prepared the following lump sum proposal: Task 1 through Task 3* $ 42,500 (lump sum) Task 4 to be determined (per diem) TOTAL SERVICES THIS AGREEMENT $ 42,500 * No geotechnical services have been included in this proposal. ROAD 88 SEWER INTERCEPTOR Ij If f I PROPOSED NEW SCHOOL BELL ST i-.----- - - i — — — —�uzcl rirl�— — ---------------- --------------------------- — — — — — — — — — — _ — — ---------- ------- r— - f ! M j i j i j i� i ij it I • -i 00 00 L I - - - - - - - - - tb - _ _ - - - - - - - I r MCLOUGHLIN J� j I I I I ! ' I MIDDLE SCHOOL Q I ! ! I Q O I I I j j ! of Ij Ij l ! ---- --------- -- r----•--- LIVINGST _ ON ST i i i i f I -------------- �- •� - -I ! RUTH LIVINGSTON I I I ELEMENTARY SCHOOL j j j j l f l j l jj II � I j j I i I I ------------ - ,---•-•- - - � � --------- _J L.------..-.-----_-_----.J L-- - -- — — 3D j i II ! i I I----------J i\ `Z ------ jr•--------- AGENDA REPORT 19 FOR: City Council 06/23/05 TO: Gary Crutchfield, City Manage Workshop Mtg.: 06/27/05 Regular Mtg.: 07/05/05 FROM Robert J. Alberts orks Director SUBJECT: JUB Agreement—Lewis Street Design I. REFERENCE(S): A. Proposed Agreement B. Map i II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 06/27: DISCUSSION 07/05: MOTION: I move to approve the Agreement with JUB Engineers, Inc. for engineering services for the Lewis Street design. III. FISCAL IMPACT: A. Arterial Street Fund IV. HISTORY AND FACTS BRIEF: A. The proposed S.E. Industrial Park Truck Route is a new road extending from Lewis Street to "A" Street. The project will require the reconstruction of a portion of Lewis Street near the SR 12 Interchange. The proposed agreement with JUB Engineers is to design the change that would meet the needs of the new truck route and existing traffic. The fee for this work is$11,000. V. AMINISTRATIVE ROUTING: A. Project File 3(d) PROFESSIONAL SERVICES AGREEMENT i THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and JUB Engineers, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the redesign of the road connection on Lewis Street at the SR 12 interchange. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a lump sum basis set at $11,000, B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the JUB Engineers, Inc. 1 Professional Service Agreement progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within 40 calendar days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. all damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or causee by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen(15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative JUB Engineers, Inc. 2 Professional Service Agreement of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either parry may terminate this Agreement for any reason upon giving the other parry written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement,time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the.laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorneys fees and costs. JUB Engineers, Inc. 3 Professional Service Agreement 16. Notices. Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO P. O. BOX 293 PASCO, WA 99301 Notices to the Consultant shall be sent to the following address: JUB Engineers, Inc. 2810 W. Clearwater Ave. Suite 201 Kennewick, WA 99336 Receipt of any notice shall,be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF '20 CITY OF PASCO CONSULTANT: By: By: Michael L. Garrison,Mayor Its ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney JUB Engineers, Inc. 4 Professional Service Agreement Scope of Work Lewis Street intersection City of Pasco Duties and Responsibilities This project is part of a larger project that would extend a proposed truck route from "A" Street north for direct access to Lewis Street interchange. The proposed route will then ; require an intersection with E. Lewis Street and E. Lewis Place. This intersection project will involve minor realignment of E. Lewis Street and E. Lewis Place and the development of a four leg intersection. The proposed roadway will be a two lane 42 foot width rural standards (no curb and gutter, sidewalks). The anticipated operational speed will be 30 to 35 MPH. The Design Speed wilt be 44 MPH. Design standards shall be in accordance with the WSDOT LAG Manual City and County Design Standards and the City of Pasco standards. Design Engineering 1. Project Administration - Consultant shall oversee project tasks and coordination as follows: A. Project coordination with City representatives including project budget status, meetings, schedules, updates, and task management. B. Coordination with WSDOT will include the review of the Lewis Street Interchange and design consultation with WSDOT officials as to the impacts due to the realignment of Lewis. It is anticipated that the improvements will be within the City of Pasco jurisdiction and no official approval process will be required by WSDOT. 2. Data Collection - Consultant shall conduct the following tasks needed to collect information for the design of the proposed alignment and improvements: A. Owner provided survey will be used for the development of CADD Base Maps. Information needed includes the existing right-of-way and easements, topographic features, and known utilities. Survey will include a Digital Terrain Model (DTM) based on defined break lines and ground points. B. Consultant will coordinate with utilities to verify field locations, type and depth of all known underground lines. 3. Preliminary Design 9/City of Pasco Lewis Street SOW 6-08-05.doc Page 1 i A. Prepare preliminary intersection layout with the channelization configurations including turn lanes as required based on traffic projections. Traffic information witl be provided by the City. B. Develop roadway cross sections based on typical roadway template. Design sections wilt be compared to existing right-of-way, utilities, and topographic features to identify conflicts. C. Conduct preliminary quantity estimates and opinion of probable costs based on the preliminary layout. D. Conduct internal Quality Control and Quality Assurance review. E. Submit preliminary plans, profiles and opinion of costs to the City for review. Incorporate City's review comments and submit updated preliminary plans to various utility agencies for review and comment. 4. Final Design A. Consultant shall incorporate various utility agency comments and proposed plans onto final roadway plans. Utility companies to provide detailed information of relocation if necessary. Conduct a final design review with utilities and City representatives. B. Consultant shall update quantities and the estimate of probable cost. C. Consultant shall develop a QA/QC project checklist and conduct reviews by senior engineering staff and principal as appropriate. D. Prepare and submit 95% final plans and opinion of probable cost to the City. E. Consultant shall incorporate final review comments and make minor plan revisions. Consultant shall provide final plans in reproducible format ready for bid advertisement. Provide plans on 24"x36" reproducible mylars. Schedule The following is the proposed milestones for this project based on the authorization to proceed: Authorization to Proceed June 28, 2005 Submit Preliminary Plans (40%) July 22, 2005 Receive Comments from City July 29, 2005 Submit Plans (95%) August 19, 2005 Receive Final Comments from City August 26, 2005 Finalize Plans September 9, 2005 Additional Services Minor additional tasks authorized by the City will be included in the Managerial Reserve. Additional Services outside the limits of the Managerial Reserve which includes the following will be subject to a Supplement to this Agreement: 9/City of Pasco Lewis Street SOW 6-08-05.doc Page 2 1. Right-of-Way. Depending on the layout, additional right-of-way may be required for this project. Consultant can provide right-of-way plans as needed. Consultant can provide qualified subconsultant for appraisals and right-of-way negotiations as requested. 2. Utility Design. If it is determined that existing City utility improvements are necessary such as extension of water or sewer, Consultant can provide as a supplement to this agreement. 3. Public Involvement. Consultant can provide public involvement services as a supplement to this agreement. Typical tasks include public meetings, individual stakeholders meetings, and newsletters. 4. Specifications. It is anticipated that the Lewis Street Intersection will be included in a larger City project which would typically include specifications needed for intersection construction. Specifications for this portion or the entire project can be provided by Consultant as a Supplement to this base agreement. 5. Construction Engineering Services. It is anticipated a separate Supplemental Agreement will be prepared for Construction Administration. Limitations of Authority Work of the consultant does not, within the base scope, provide contract specifications, advertisement, bidding, and award or construction engineering services. Structural design such as retaining watts is not anticipated and is not included in this scope. It is anticipated that the overall project environmental documentation would include the Lewis Street intersection portion. For that reason SEPA, NEPA, Cultural and Historical Resource Survey, Biological Assessments etc... is not anticipated and is not included in this scope. Duties and Responsibilities of the Agency The City will provide all maps and drawings indicating existing City right of way, utilities and record drawings of existing facilities. The City will provide the proposed alignment of the new Truck Route. The City will provide field surveying and survey data in electronic media (Permit Surveying). The City shall provide a timely response to plan reviews and provide direction to Consultant as needed. The City shall provide roadway pavement and surfacing requirements. A qualified subconsultant can be provided as a supplement service. The City will pay all regulatory review, application, and permit fees. The City will provide a digital copy of the latest City GIS information including water, sewer, right-of-way, and aerial photos. 9/City of Pasco Lewis Street SOW 6-08-05.doc Page 3 DESIGN AREA N N � 1 1 1. 1 / 1 T 1 1 f • f A N • ■ � � A N til r r O17 11 al a a x a a a a a a J N N I i t n N ! ! f Y II l I it q ■N1 _ _ T yy■ i ' N N tl ■ ■ '. �- - - - Eli I 1 �A { f l f ■ T! 'A- STREET AGENDA REPORT NO. 46 FOR: City Council Date: June 21, 2005 TO: Gary Crutchfi Manager Workshop: 6/26/05 W Regular: 7/5/05 FROM: Richard J. Smit , Director Community & Economic Development SUBJECT: Downtown Underground Utilities 1. REFERENCE(S): A. Draft Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/26/05: DISCUSSION 7/5/05 MOTION: I move to approve Resolution No. � � establishing a program to provide financial assistance for the undergrounding of electrical utilities in the downtown area of Pasco. III. FISCAL IMPACT IV. HISTORY AND FACTS BRIEF: A. In developing areas of Pasco, such as the I-182 Corridor and western Pasco, the City routinely requires developers to construct necessary infrastructure and to underground all new and existing overhead utility lines. B. In older developed areas of the City, such as the East Lewis Street corridor, the City has paid for a portion of the cost of undergrounding utilities. The City will also pay a portion of the cost of undergrounding utilities along the developed sections of Burden Boulevard. C. The developer who is building the new downtown Rite-Aid Drug Store has asked for assistance from the City in paying for a portion of the cost of undergrounding utilities in conjunction with the construction of the new store. The total cost of the undergrounding is estimated to be $142,000 (PUD - $65,000 and Qwest - $77,000). D. Under the state statutes, the City may legally pay a portion of the costs attributable to a public entity such as the PUD. V. DISCUSSION A. At the June 6, 2005 Workshop Council directed staff to develop a policy to provide financial assistance for undergrounding projects in the downtown area. B. A draft resolution outlining the criteria for providing assistance is attached. Points of note are as follows: 1. Funding is contingent upon the availability of funds and is limited to a maximum of 50 percent of the cost of undergrounding PUD lines and may not exceed $50,000. 3(e) 2. Assistance would be limited to larger high impact projects with a minimum permit value of $500,000. 3. Award of any funds is at the discretion of the City Council. C. If these criteria were put in place, Rite-Aid would qualify for a maximum of $32,500 in City assistance (1/2 of the PUD cost of $65,000). RESOLUTION NO. ��" A RESOLUTION establishing criteria for consideration of financial assistance for underground conversion of overhead electric utilities in the Downtown Area. WHEREAS, the existence of overhead electric and communication facilities, particularly in the older downtown commercial area, fosters visual clutter as well as potential electrical hazards, both of which can be eliminated by their conversion to underground facilities; and WHEREAS, the high cost of converting overhead. electric and communication facilities to underground is often a deterrent to the inclusion of such elements in redevelopment projects; and WHEREAS, RCW 35.96.010 explicitly declares underground conversion of overhead facilities to be a substantial benefit to public safety and welfare, is in the public interest and is a public purpose; and WHEREAS, City participation in such conversion projects, is sometimes enough incentive for private investors in redevelopment projects to include the conversion of adjacent overhead lines to underground as part of the associated investment project; and WHEREAS, such partnerships not only reduce the cost for each of the participants, they are often the catalyst that causes the conversion to occur and, ultimately, the encouragement that results in the aesthetic and safety benefits subsequently enjoyed by the community and its citizens; and WHEREAS, the City wishes to encourage public-private partnerships which will include conversion of overhead facilities to underground within the downtown area; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. The City Council hereby establishes a policy to encourage the undergrounding of electrical utilities located within the downtown area. Section 2. Financial assistance may be provided by the City to encourage underground conversion of existing overhead electrical facilities if approved by the City Council after consideration of the following requirements. (a) Assistance shall be limited to projects located within the boundaries of the Pasco Downtown Development Association as they may be'amended hereafter. (b) City assistance shall be contingent upon availability of funds. (c) Assistance shall only be available to undergrounding projects which are at least one City block in length. (d) Funding assistance shall not exceed 50% of the direct cost of undergrounding the Public Utility District electrical service. No assistance shall be used to pay for undergrounding other overhead utilities including, but not limited to, cable TV and telephone utilities. (e) Assistance shall be limited to projects with a new private investment value of at least $500,000 and which make a significant contribution to downtown revitalization and which comport with the Downtown Revitalization Action Plan. (f) The amount of financial assistance per individual project shall be at the discretion of the City Council pursuant to the foregoing criteria, provided that total City assistance shall not exceed$50,000 per block. PASSED by the City Council of the City of Pasco, this day of , 2005. CITY OF PASCO: Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 52 FOR: City Council DATE: 6/30/05 TO: Gary Crutchfie t anager WORKSHOP: Richard J. Smi , Director REGULAR: 7/5/05 Community an Economic Development FROM: David I. McDonald, City Planner -° SUBJECT: STREET VACATION- Portions of California Ave & Salt Lake St Adjacent Block 15 Frey's Addition. (MF #05-81-V) I. REFERENCE (S): A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , fixing 7:00 PM, August 1, 2005 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in Block 15, Frey's Addition have submitted a petition requesting vacation of a portion of both Salt Lake Street and California Avenue adjacent there property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is August 1, 2005. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(fi) RESOLUTION NO.. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF SALT LAKE STREET AND CALIFORINA AVENUE ADJACENT BLOCK 15, FREY'S ADDITION WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the south 10 feet of Salt Lake Avenue and the east 10 feet of California Avenue adjacent Block 15, Frey's Addition, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 1st day of August, 2005. 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 5th day of July, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney "EXHIBIT # 1 " Street Vacation 1 �! 7L RI f Y to tt" � e VA TED oZ,, l�1 ./✓✓' �,t 5' Z ` S 1 -yz_ �` ;t SO DO` t `� a DATE: RECEIPT #: A T . CITY OF PASCO STREET/ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: —0-71,—e'- v E 2 /. p M C APPLICANT: PROPERTY OWNED: (Legal Description) Print Name )-- U l C 9 Z' 41. �4/J_g)r n .f 6k__ Sign Name �y t rCA`S 1- 1'6'15 7b , Address Phone# ,� 93) //3 l91 Print Name Sign Name Date KURT LOCKARD 1176 CAMILLA LOCKARD 4800104402 2811 S TACOMA ST. PH.509-585-2580 Print Name KENNEWICK,WA 99337 Si g n Name _ PAY TO o c C ' s n re oan- of AIReric West KennewlckeWA99336e Bank TeleSendce 1-800-772.5479 MEN10 CGc/J'a}r.�t✓ai 1. 12S107037i:L,60010'.402i+' 01176 rte. STREET VACATION APPLICATION.XLS E' DATE RECEIPT #: CITY OF PASCO STREET/ALLEY VACATION PETITION I, we the undersigned, owners of two~thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: S ! 1-3_y9/ APPLICANT: PROPERTY OWNED: (Legal Description) Print Name Sign Name A-D v Address Wfl ,4 agjal. . 14 Phone# 3 ? Lj p Date �$' Print Name 0 d p C Sign Name y , n Date Print Name Sign Name Date STREET VACATION APPLICATION.XLS �tN. 3N ?0N` -• ;4`tic, ;n: ".=°�• _���._. _. ;TFt- =yur sBra- aY. 50QBW742: un-a0-05 09AM: a DAM. -4 WME IMAMPT fj VACATION `TTION we rtie unrlersjgned, owmcra ai t.wo-ttiirds al rtic pm-arety ownco auuttln; i ACYCD4 pelluuLA LaC City (CaunCli Of the City of Pasco �o Vacate the ioiiuwmg cieSCL-ibeci } strect!afty r4bte-of-why i �i II i I ;i �i Print 1Vaznc 4) Sign Name I� Nddress ZA, ' �. - --- r..�r z I► ' If i II � i Phoney date Prmt Namc , 1� Sign Name � v� vrinr Name Sign Name Date O i, I STREE 'IAGATION wVPUL:,TiON- �: .. AGENDA REPORT FOR: City Council June 16, 2005 TO: Gary Crutchf*Aministrati Manager Workshop Mtg.: 6/27/2005 Regular Mtg.: 7/5/2005 FROM: Stan Strebel, IM.ommunity Services Director SUBJECT: Trail Use for Disabled I. REFERENCE(S): A. Proposed Ordinance B. RCW Definitions for Vehicles for Disabled II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/27: Discussion 7/5: MOTION: I move to adopt Ordinance No. amending Chapter 9.48 "Park Code" of the Pasco Municipal Code and to authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) It has recently come to the attention of staff that City ordinance and signs which restrict motor vehicle use in parks, on trails and other recreation facilities do not provide exceptions for disabled persons using power wheelchairs or similar devices. B) Staff has researched the issue and recommends the attached ordinance to clarify that motorized vehicles typically used by the disabled are not restricted. Staff recommends approval of the ordinance. 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Chapter 9.48 "Park Code" of the Pasco Municipal Code. WHEREAS, The City Council of the City of Pasco, Washington, has determined that certain amendments regarding the Park Code are necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.48.020(B) of the Pasco Municipal Code is hereby amended to read as follows: B) "Park" means and includes all City parks, public squares, park drives, parkways, boulevards, athletic facilities, trails and play and recreation grounds under the jurisdiction of the City. Section 2. That Section 9.48.180 of the Pasco Municipal Code is hereby amended to read as follows: 9.48.180 RESTRICTIONS ON VEHICLES. It is unlawful to ride or drive any motorcycle, motor vehicle, motorized foot scooter, horse or pony over or through any park or on any trail except along and upon the park drives, parkways, or designated parking areas and on such trails as may designated for motor vehicle or equestrian use, or to stand or park any vehicle, except in areas designated by the Director. This restriction shall not apply to any disabled person utilizing an electric assisted bicycle, a Power wheelchair or a wheelchair conveyance as defined by RCW Title 46. Violation of any of the provisions of this section constitutes an infraction. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of , 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney CITY OF PASCO .SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending Chapter 9.48 of the Pasco Municipal Code regarding "Park Code". Section 1. Amends restrictions on vehicles in parks and trails to provide for disabled persons using power wheelchairs or similar devices. Section 2. Provides for an effective date 5 days after publication. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, Washington, 99301. Sandy L. Kenworthy, Deputy City Clerk RCW 46.04.415 Power wheelchair. "Power wheelchair" means any self-propelled vehicle capable of traveling no more than fifteen miles per hour, usable indoors, designed as a mobility aid for individuals with mobility impairments, and operated by such an individual. RCW 46.04.169 Electric-assisted bicycle. "Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour. RCW 46.04.710 Wheelchair conveyance. "Wheelchair conveyance" means any vehicle specially manufactured or designed for the transportation of a physically or medically impaired wheelchair-bound person. The vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a speed range established by the state patrol. The state patrol may approve and define as a wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do meet these specific criteria. AGENDA REPORT FOR: City Council June 15, 2005 TO: Gary Crutchfie anager . Workshop Mtg.: 6/27/2005 Regular Mtg.: 7/5/2005 FROM: Stan Strebel, A inistra ommunity Services Director SUBJECT: Establishment of Boulevard Perpetual Maintenance Fund L REFERENCE(S): A. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/27: Discussion 715: MOTION: I move to adopt Ordinance establishing a new Chapter 3.30 of the Pasco Municipal Code entitled "Boulevard Perpetual Maintenance Fund" and to authorize publication by summary only. 7/5: MOTION: I move to authorize the transfer of reserved maintenance monies from the Park Fund to the Boulevard Perpetual Maintenance Fund. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) For a number of years the City has been agreeing with developers in the approval of subdivisions for developer installed and City maintained landscape strips along major City boulevards and streets. A good example of this practice is along Sandifur Blvd. where each successive subdivider has installed fencing and landscaping to a standard approved by the City with a proviso that as the subdivision is completed and lots are sold, the City will assume maintenance responsibilities. Developers are assessed for each lot in an amount estimated to be necessary to perpetually maintain such fencing and landscaping. B) Up to now, the maintenance monies have been deposited in the City Park Fund and reserved for maintenance on the specified boulevards. Staff feels that the Park Fund accounting of the monies is not the best alternative, since park funds are to be used for capital improvements and the boulevard funds are specifically reserved for maintenance. It is therefore proposed that the "Boulevard Perpetual Maintenance Fund" be created (see attached ordinance). C) Upon the creation of the maintenance fund, staff requests authorization to transfer all maintenance monies from the Park Fund to the new fund to be used according to the Ordinance. As of 2004 closing, there was approximately $740,000 reserved for maintenance purposes. Staff proposes that annual boulevard landscaping and fence maintenance expenditures be included in the City budget as a transfer from the maintenance fund to the general fund from which actual payment of salaries, supplies and equipment necessary to maintain the boulevards will be made. It is intended, in so far as possible, that the principal amounts in the fund will remain intact with the interest earned on the fund covering, as near as possible, annual maintenance expense. S(b) I i ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, creating Chapter 3.30 of the Pasco Municipal Code entitled "Boulevard Perpetual Maintenance Fund". WHEREAS, The City Council of the City of Pasco, Washington, has determined that a new fund entitled "Boulevard Perpetual Maintenance Fund" is necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 3.30 of the Pasco Municipal Code is hereby created to read as follows: 3.30.010 ESTABLISHED. There is established a fund to be called the `Boulevard Perpetual Maintenance Fund". All monies collected pursuant to subdivision agreements for the purpose of providing perpetual maintenance of developer installed landscaping and fencing along designated boulevards shall be deposited in this fund only. All interest that is attributable to money in the fund shall be deposited in and credited to the fund. 3.03.020 EXPENDITURE OF FUNDS. Moneys deposited in the Boulevard Perpetual Maintenance fund shall be expended only for the perpetual maintenance of developer installed landscaping and fencing on such boulevards as are identified for perpetual maintenance pursuant to subdivision agreements. The City Council shall approve annual maintenance expenditures from the fund. 3,03.030 INTENT, It is intended, as much as possible, to limit annual expenditures from the fund to amounts that will not exceed the annual interest attributable to the principal amount held in the fund. The maintenance of the principal amount, intact, as long as possible, will minimize the impact on the City's General Fund for maintenance expense. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney I CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance creating Chapter 3.30 of the Pasco Municipal Code regarding `Boulevard Perpetual Maintenance Fund". Section 1. Establishes a fund to be used for perpetual maintenance of developer installed landscaping and fencing along designated boulevards.. Section 2. Provides for an effective date 5 days after publication. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, Washington, 99301. Sandy L. Kenworthy, Deputy City Clerk AGENDA REPORT NO. 47 FOR: City Council DATE: June 29, 2005 TO: Gary Crutchfi i Manager WORKSHOP: Richard J. S 11 Director REGULAR: 7/5/05 Community an Economic Development FROM: David I. McDonald, City Planner'ID-,-r- SUBJECT: Rezone from C-1 (Retail Business) to R-1 (Low Density Residential) on Road 37 north of Octave (Branwood Co)(MF# 05-62-Z) I. REFERENCE(S): A. Proposed Rezone Ordinance B. Planning Commission Report: Dated 5/26/05 C. Planning Commission Minutes: Dated 5/26/05 & 6/16/05 II. ACTION RE VESTED OF COUNCIL STAFF RECOMMENDATION: MOTION: I move to approve Ordinance No. granting a rezone to Branwood Company from C-1 to R-1 as recommended by the Planning Commission, and, further to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: On May 26 2005 the Planning Commission conducted a public hearing A. O y g P g to determine whether or not to recommend a rezone from C-1 to R-1 for a vacant parcel located at the cul-de-sac of Road 37 south of Court Street and north of Octave. B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: VI. ADMINSTRATIVE ROUTING: 8(C) I ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Lots 1 and 2 of Short Plat 2004-25, Located In the Northeast Quarter of Section 26, Township 9 North, Range 29 East from C-1 (Retail Business) to R-1 (low density residential). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the Toning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification and (D) the request for change in zoning classification is categorically exempt under the Washington State Environmental Policy Act, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (Retail Business) to R-1 (low density residential) for the real property as shown in the Exhibit "l" attached hereto and described as follows: Lots l and 2 of Short Plat 2004-25 Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 5th day of July 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , rezones Lots 1 and 2 of Short Plat 2004-25 from C-1 (Retail Business) to R-1 (low density residential). The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy Kenworthy, Deputy City Clerk Exhibit " 1 " Rezone Ord . W. COURT ST E i BROWN ST cfl 00 Q Q ----� 0 Q ly- 0 W. MARIE ST 0 Q 0 OCTAVE ST I REPORT TO PLANNING COMMISSION MASTER FILE NO: 05-62-Z APPLICANT: Edward Branson HEARING DATE: 5/26/05 % Branwood Co ACTION DATE: 6/16/05 3311 W Clearwater Ave Kennewick WA 99336 BACKGROUND REQUEST: Rezone from C-1 (Retail Business) to R-1 (low density residential) 1. PROPERTY DESCRIPTION: Legal: Short Plat 2004-25 Lots 1 and 2 General Location: Road 37 cul-de-sac just south of Court Street. Property Size: 14,506 square feet or .32 acres 2. ACCESS: The property has access from Road 37. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned C-I (Retail business) and is vacant. The properties to the east are zoned R-1 (Low Density Residential) and R-S-12 (Suburban Residential) to the south and developed with dwellings. The property directly to the north is zoned C-1 and developed with the Bi-State Siding office. The property to the east is also zoned C-1 and is vacant. 5. COMPREHENSIVE PLAN: The Comprehensive Plan shows this area to be on the border of both commercial and residential areas. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The site in question is in an exceptionally poor location for commercial activities. The site has no access to a major or secondary street. The property can only be accessed through the residential neighborhood to the south. Road 37 provides the access but it is lined on either side with single-family homes. Typically good planning dictates that land uses be arranged such that traffic from higher intensity uses is not forced through lower intensity areas such as residential. Rezoning this property would eliminate the possibility of future commercial traffic traveling up and down a residential street (Rd 37). The requested R-1 zone would permit the property to develop with single-family homes. The R-1 zoning permits development that would be consistent with the surrounding properties. The property to the west was rezoned for R-1 in 2002 and has since been developed with single family homes. Surrounding residential properties are zoned R-S-12 and developed with lots of 9,000 square feet or less. At one time the County permitted lots as small as 7,200 square feet where sewer and water were available. The proposed rezone is generally consistent with the surrounding development. Some of the surrounding lots are only 7,286 square feet. Therefore a concomitant agreement would not be necessary. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are list below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: Properties to the west were rezoned in 2002 and developed with single- family dwellings. All properties to the south are now developed with single-family dwellings. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The character of the neighborhood will be maintained by eliminating the possibility of commercial development in a largely residential area. Road 37 is not a commercial access street. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan. The integrity of the comprehensive plan would be upheld. 4. The effect on the property owners or owners if the request is not granted. 2 The owners would have no opportunity or very limited opportunity to sell or develop the land in its present zoning. 5. The Comprehensive land use designation for the property. The comprehensive plan designates part of the land for residential uses INTIAL 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 currently zoned C-1. 2) The site has been zoned C-1 for over 20 years 3) The site has been vacant since annexation over 20 years ago. 4) The site has access only by way of a local residential street. 5) Properties to the west are zoned R-1 and developed with single-family dwellings. 6) Properties to the south are zoning R-S-12 and developed with single-family dwellings. 7) The applicant has petitioned to rezone the two west lots of a plat R-1. 8) The western part of the subdivision extends into a residential area. 9) The site can only be accessed by traveling through a residential neighborhood. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.88.060. The criteria are as follows: (1) The proposal is in accord with the goals and policies of the comprehensive plan. The proposal is consistent with the land use designations and policies of the Comprehensive Plan. 3 (2) The effect of the proposal on the immediate vicinity will be materially detrimental. The proposal would have a positive effect on the surrounding areas by eliminating the potential for commercial uses in a residential neighborhood. (3) There is merit and value in the proposal for the community as a whole. The proposal would increase or maintain local residential property values and be beneficial to the community. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal would not need special conditions to negate adverse impacts because the proposal would be compatible with surrounding zoning. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. No agreement would be required. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as read. MOTION for Recommendation: I move, based on the findings of fact and conclusions therefrom that the Planning Commission recommend the City Council rezone Lots 1 and 2 of Short Plat 2004-25 from C-1 (Retail Business) to R-1 (Low Density Residential). 4 LAND USE MAP ITEM : REZONE— C- 1 to R - 1 APPLICANT: Edward Branson FILE #: 05- 62— Z W. COURT ST 61111 ^S. G G o �o BROWN ST a`C Qo Q o C°.mlaer cxa ° x Q � � a Gam � W. MARIE ST Ott o � Q O OCTAVE ST VICINITY MAP ITEM : REZONE— C- 1 to R - 1 APPLICANT: Edward Bronson N FI LE #: 05- 62— Z W. COURT ST BROWN ST Q0 00 Q Q W. MARIE ST 0 0 OCTAVE ST --_ __ _ F T-T ZONING MAP ITEM : REZONE— C- 1 to R- 1 APPLICANT: Edward Branson � I I � FILE #: 05- 62— Z W. COURT ST BROWN ST r� \ 00 o r� Q o v 0 Q W. MARIE ST a Q O OCTAVE ST REGULAR MEETING May 26, 2005 PLANNING COMMISSION MINUTES MAY 26, 2005 B. Public Hearing: REZONE: Branwood. (Edward Branson) (MF# 2005-62-Z) Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Edward Branson) is requesting approval of a Rezone from C-1 to R-1. Staff reported the original parcel was subdivided into three pieces. As a result the two parcels lying to the west are located on a residential street. Staff reported they had not found any adverse affects of rezoning this property. Staff reported rezoning the parcels would group like uses together which would uphold the comprehensive plan. Staff reported the rezone would maintain local residential property values. Chairman McCollum asked if there were any questions of Staff. Commissioner Little asked staff if the property to the north had access through 37th Street. Staff responded that there was a wall along 37th and all the access of the business in question is from 361h. Staff explained the parcels zoned R-1 would be accessed off of 37th and the property that would remain C-1 would be accessed by 36th. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Edward Branson, Owns Branwood Company, stated staff had covered the topic adequately. Mr. Branson stated he wanted to put to houses off of 37th and then construct a fence between the residential and commercial district to distinguish and separate the two districts. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Anderson moved the Planning Commission close the public hearing on the rezone application. Initiate deliberations, and schedule adoptions of findings of facts, conclusions and a recommendation for the Planning Commission meeting June 16, 2005. Commissioner Hay seconded, motion carried unanimously. REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 A. Old Business: REZONE: Branwood. {Edward Branson IMF# 05-62-Z) Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Edward Bran ' ,p) was requesting approval of a Rezone from Gi to R-1 for property on Rom ; ff explained a public hearing was held at the last regular meetin,,8, wh,,O a l c input was provided. The public hearing was closed and delatlon the development of a recommendation were set for June 16, '' '.'.oi''E's• � ';i 3 '. .3:51;»::.. Chairman McCollum asked if there were.,-- b n s o ' •5s1( =1iis,"ir'R :::Sii.:i:;::.,:.••If:i,i:`ai,, .rn.�3fir:.!!:Tip There were none. . i::• °+331�;'�iv . Commissioner Mosebar moved the Plannift 1l 6ii fn adopt the Findings of Fact as contained in the staff report (The findings'°v . read into the record as contained in the staff report.) :;:t Y - Commissioner Hay seconded, mottox7ariednanimousIy, Commissioner Mosebar moved bed orb the findings, of fact as adopted, the Planning Commission recommend the C 0M,Coun.+ ozone lots 1 and 2 of Short Plat 2004-25 from C-1 to R-:: Commissioner Smurthw fu 3 seconder; ; 5 a: &ion. The motion carried ,.;:::1.... . .... unanimously. ' '_''' 1.. Staff explained the apppa pr ess and stated this item would go before the City Council at the next regulcr}+ ng. N63i,:�ili�s£iJ•..�a't9s.. �r�i�31 a � -:.. �;ii;,RLYs i. iiim..plii'.i��i is�:�i'.•5::. �'z;;i�3iini::�.o. £',s.:: . ;, i.n`i?•ti1.;5� 4;:{.... ..Ira..r�v., siiy.t:.:3 l:.::{{,',:•"�:i'..yj':y. ,•••• •t�T� tS si..:i.£q 11:.. ?�s� �X.313555: £ 1 S,3ii„w ••�'ii 3 33 1113 ISj51 "'•�"]”,Nil!Si.ti ii'£.�3,£.tlil 1 �ii.+rxGi:. al• rs>:'am: •..I:i;fc:yl� 3;_x:3 3i�;;iii:. '':Il:' 9 s�x�r ^.°��'ni's:i:ii•li+'sa ::Il::1z.!:. FSu.�r'.�i iiliiili' ..,�htxsl r ::w�° j,s,i7. :, ,� Mir!� is.e. •a+:i_:..:•i.,ifd� '8si.•°...i..°^'w,yyLiiSL Iii.• � 0 •s:F�� _ .. 1'ii3 s.tail. y y ,k[3'x r i::rsTS.sz i5C°9: 'd...;l i3i1'liiE" C yj.' S.!I;....Stl_ ;iii], AGENDA REPORT FOR: City Council June 30, 2005 TO: Gary Crutchfi anager Regular: 7/05/05 FROM: Elden Buerkle, Management Assistant SUBJECT: Water Reservoir Aesthetics L REFERENCE: 1. Proposed Resolution 1Q. ACTION REQUESTED OF COUNCIL: 7/05: Motion: I move to approve Resolution No. 2878, defining a community process to select the paint design for the city water reservoirs at Road 76 and Sandifur. IIL FISCAL IMPACT: A. A monetary award in an amount the Council considers would be appropriate for the design that may be selected. Staff considers a prize of $1,000 may be sufficient to draw public interest. B. Painting the reservoirs with the selected design may result in some incremental cost depending on the design selected. Cost to paint and maintain the selected design will be one of the criteria of the selection process. IV. HISTORY AND FACTS BRIEF: A. A new water reservoir will be constructed on the site of the current reservoir at Road 76 and Sandifur. The new reservoir will require painting when constructed; the current reservoir also needs to be painted. B. At the May 23 workshop meeting, some members of the Council expressed dissatisfaction with the design presented by the Public Works staff for painting the reservoirs. C. Council suggested that a community process be used to identify the best option for painting the reservoirs. V. DISCUSSION: A. The initial draft resolution was reviewed by Council at its June 13 Workshop meeting. The resolution has been revised to strengthen the ability of the City Council to select/reject any design and to provide more time for the process. Staff recommends approval at the July 5 meeting, so as to get the process completed in time to accommodate painting in early 2006. 9(a) RESOLUTION NO. 2878 A RESOLUTION defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. WHEREAS, the City Council desires to maintain and improve Pasco's aesthetic environment; and WHEREAS, the City Council considers it important that as much as possible city facilities and installations complement the appearance of the community and its neighborhoods; and WHEREAS, an additional water reservoir will be constructed on the site of the current reservoir at Road 76 and Sandifur; and WHEREAS, the City Council desires that the paint designs for the water reservoirs will improve the aesthetic appearance of the surrounding neighborhood and the Pasco community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The City Council hereby establishes the Water Reservoir Aesthetics Committee to serve until a paint design(s) for the water reservoirs is determined. Section 2: The Committee shall consist of five persons appointed by the Mayor. One member shall be a Councilmember of the city, who shall serve as chair. At least one member shall have substantial knowledge of fine and/or commercial art. The remaining members shall be appointed from the community. Section 3: Through a public information/involvement process, the Committee shall solicit from the community designs for painting the water reservoirs. A prize of $1,000 will be offered for the design selected by the City Council. Section 4: The criteria for selection shall be: 1. Appropriateness for the community and the neighborhood. 2. Subject matter. 3. Artistic merit. 4. Aesthetic quality. 5. Cost of painting and maintaining the design. 6. The design(s) as painted on the reservoirs) shall be unsigned. Section 5: The deadline for submission of designs shall be October 28, 2005. Section 6: All designs submitted shall become the property of the City. Section 7: By December 1, 2005, the Committee shall, in its sole discretion, recommend one or more designs,or combination of designs, to the City,Council Section 8: By January 16, 2006, the City Council shall choose a recommended design or any other design, whether recommended or not, whether or not submitted as part of the community process or choose to reject all designs and/or develop a new design selection process. Any such decision shall be solely at the discretion of the City Council. Passed by the City Council of the City of Pasco this 5th day of July 2005. Michael Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City CounciJi June 23, 2005 TO: Gary Crutchanager Wo rkshop Mtg.: Regular Mtg.: 7/5/2005 FROM: Stan Strebelstrative and Community Services SUBJECT: Martin Luther King Roofing Project I. REFERENCE(S): A. Bid Summary II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 715: MOTION: I move to award the low bid for the Martin Luther King Roofing Project to Scholten Roofing Inc. in the amount of $86,466.72 including sales tax and further, to authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Community Development Block Grant funding; Budget estimate for this item: $110,000. IV. HISTORY AND FACTS BRIEF: A) On June 22, 2005 staff received five bids for the Martin Luther King roofing project. The low bid was received from Scholten Roofing in the amount of $86,466.72 including sales tax. The high bid was in the amount of$159,505.00. This project is funded through the Community Development Block Grant and is part of a general upgrade of the Martin Luther King Center, including painting, asphalt parking lot overlay, replacement of the glass window walls and other ADA code upgrades. As the cost for the roof replacement is well within the estimated budget, staff recommends that Council award the contract to Scholten Roofing. 14(a) City of Pasco Martin Luther King Roofing Project June 22, 2005 Bid Summary 1. Swigart $109,274.00 2. Scholten Roofing, Inc. 86,466.72 3. Palmer Roofing 90,2621.00 4. Dan Leslie Roofing, Inc. 92,742.00 5. ICON Corporation 159,505.00 AGENDA REPORT NO. 21 FOR: City Council June 28, 2005 TO: Gary Crutchfi Manager Regular Mtg: July 5, 2005 FROM: Robert L Alb �u�lir'4�Vorks Director SUBJECT: Road 68 Composite Reservoir—Project 04-2-06 I. REFE_RENCE(S - 1. Bid Summary 2. Low Bid Summary 3. Tank construction/painting/elevations drawing 4. Tank construction/ site piping/electrical plan drawing II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07/05: Motion: I move to award the low bid for the 2.5 mg composite reservoir to Landmark in the amount of$ plus sales tax. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On June 14, 2005 staff opened bids for a composite reservoir. The bid package required bids for a 2.0 million gallon (mg) reservoir, and a 2..5 mg reservoir, both with options. The city received two bids. Landmark was the low bidder at $4,079,540 for a 2.0 mg reservoir and $4,385,859 for a 2.5 mg reservoir. The second bidder, CB & I, bid $4,673,012 for the 2.0 mg reservoir and $5,078,704 for the 2.5 mg reservoir. The bid amounts include sales tax. The Engineer's estimates were $4,010,000 for the 2.0 mg reservoir and $4,270,000 for the 2.5 mg reservoir respectively. Exhibit B shows the bid breakdown for all the bid items. Staff recommends the following options for awarding the 2.5mg reservoir. Option 1 Award as bid (all bid items) $4,049,731 Option 2 Award a bid with the deletion of Paint $4,014,731 Logo and Exterior Lighting Option 3 Award a bid with the deletion of Paint $3,904,731 Logo,Exterior Lighting, and Clock Staff recommends award of contract to Landmark for a 2.5 mg composite reservoir. V. ADMINISTRATIVE ROUTING Project File io(b) _ m v "' m an O 0) 0) a 12 (O d a C N N w N v_ m M O m v ; cO a ah0 M L(] It a m h m 0 a N m m h O O N h h O t0 M a N a M M h O m O O N h N Cal L j Oml ccoo Ln M al GI m W 00 h O h a h M a h O w 0 N h 0 _ oo O W r au O E Ln h 0) N N O m 0) (M V c0 a O M O D) c0 E M c0 .-• O M 0) rI v M r r N r go c0 h U m ro (hD G GOO Cl) N h r r r r N m L N d m CO a M h m 0 a N D7 m h O d N h u� N O OO N co O a a O (0 M a N a m m h d M O O N h M r G a m p o (D (D O O N 0] OC � O ^ ( h M a h O r 0 a r C Co 4 E ui ri ai N N O m m m v w (o o m v m m E E (p of a o w (O a r 0 M 0) M v CO r r N w Ln h N C N OCJ co N co N N M N r *•' r �'! m a V J N Q o in o in ~ H H N N IV S W y 70 ;; ; v m 0 iq m u LU ca Lo r o E z ` c m V ae �e 'x m O °i '; •0 n (U m G: 10 c c c w ° m w aim w w U Q Y > V H S o c c m e Z ° o J 0 •N m X r o c c N C J a) m — N - m O U O 0) c U '� O a C O •6 � L f" E — E -3 io E ° v m a) c c W $ E _ ami m v e6 y 2 p o d LO o L L m 4) y 'co 'ra Tc 0 01 a (a o c o m p In 2 0 c.iNvin ac) to (L (Iwofa w L) 0 N ¢ a :c O> x w _ W W Cl) co a 4m It) a M w m h m O a N_ 0] M h yy C h t" QJ h M M a N a M M h O M O h U 00 M O m .-- 07 m h O h a h m W h 81 0) W cb O N CN N �O ry M N `N N 0 0 OW LO O) c7 Qi Y r- rn v LL N O �j CO D co O O x 0 0 0 0 0 0 0 0 0 0 0 0 0 r d O) O a M h M O a N m m h a O N O m 0 0 0 0 0 0 0 0 0 0 0 0 0 M N O m fp M a N a M m h O M O O N a1 0 h O O a 0 0 0 0 0 0 0 C C C h r O OI () Q) N c0 0) 00 h O h a n m co h O r o E o oi0000000uianu 0a Lo Di to to E uiri � aic�iC4C rioimvcocoo m Y1 O W) O) 'Q � � CO V M N r r p M CCO a - h - 0 M °f M o m v-• r N .-- N r co v v N o? co O m d O O O O 0 O O O a Q O O d N O O OO O O O O O O O O O O O O O O c0 O O O O O O 00 O O O O O 00 W) O OD M 0 0 0 0 0 0 0 0 O C C O O Of C c0 O O O O O d O O d d d Ci 0 07 ( d m O cO h 0 0 0 0 0 c 0 C C a c 0 cz O (0 0 0 0 0 0 0 0 M Wj Lo 0 0 V) a N O] E E O a 0) 0) 0 0 0 0 0 0 �A lC) N 0 0 L[') O h Ch tt �- CO M N r r a r h E 9 0 h 10 0) e- O M N c- N h M O N C w rKt r r r m M It J i'7 M a 01 O Y m __ ►— o, 2? c O is 0 c w E m d o c . I > m m c �'a c_ c Q �co a d — rn z rnccc C C C W w O J J L 3 � _ Y Y X O O O J J L O ' �O C Oi � C o O J x Q O O lC lE w OI 4M C ` O O O m N N N .S sc c y E .c c o o v a N (7 C7 c '- ° c o cLi a ° o o m 3 y c .E W v E c L m m m g o o v :� ; d •� ,� °u E c 0 0 �n O r L y m ° m m S'( N m a m o 0 0 LO o CD r2 N N U (n U) U l d) N d d W d' O H co (4 N N U co co od: Sn H d 0_ w O F- Exhibit B ROAD 68 RESERVOIR PROJECT BID DETAILS BUDGET New Reservoir $2,800,000 Painting Old Reservoir $300,000 Site Improvements $250,000 TOTAL $3,350,000 LOW BID Min Bid Landmark 2 mg 2.5 mg Award Mobilization 100,000 100,000 100,000 2.0 MG Tank 3,176,888 3,176,888 2.5 MG Tank 3,459,731 Coating of Existing Reservoir 90,000 90,000 90,000 * Shrouding 40,000 40,000 - * Shrouding for elevated res 40,000 I 40,000 - * Clock 110,000 110,000 - * Retaining Wall 80,000 80,000 Sewer Line 40,000 40,000 40,000 Telemetry/ DMS 30,000 30,000 30,000 * Painting of Logo-existing 5,000 5,000 - * Painting of Logo- new 5,000 5,000 - * Exterior Lighting 25,000 25,000 Record Drawings 10,000 10,000 10,000 Demobilization 10,000 10,000 10,000 Trench Safety 5,000 5,000 5,000 Sub 3,766,888 4,049,731 3,461,888 Sales Tax 312,652 336,128 287,337 ;Total 4,079,540 4,385,859 3,749,225 2 mg 2.5 mg 2 mg * May be deleted at award A � • h 1 { _ w R saeie Avila. f®� ire AeQm ./06 R �® 1tfl`IP SPlfl9 eR710 Rim R�1 �.� • 1 Wu1'w 02" ss! sm. ww MVII. n-I eee.M _!®IMel9! �.® .BE 1 . ��Wei • se64 1lR11 eaea omm fee® liJ. 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Smit , Director REGULAR: 7/5/05 Community an Economic Development FROM: David I. McDonald, City Planner-9---- SUBJECT: SPECIAL PERMIT: Food Bank in an I-1 (Light Industrial) Zone at 504 S Oregon Ave. (Golden Age Food Share)(MF# 05-63-SP) I. REFERENCE(S): A. Report to Planning Commission: 05/26/05 B. Planning Commission Minutes: Dated 05/26/05 & 6/ 16/05 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for Golden Age Food Share to locate a Food Bank at 504 South Oregon Avenue as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 26 2005 the Planning Commission conducted a public hearing to consider a special,permit application for Golden Age Food Share to locate a Food Bank at 504 South Oregon Avenue. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit the proposed Food Bank at 504 South Oregon Avenue. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 1a(c) REPORT TO PLANNING COMMISSION MASTER FILE NO: 05-63-SP APPLICANT: Golden Age Food Share HEARING DATE: 05/26/05 602 West Ainsworth Street ACTION DATE 6/16/05 Pasco WA BACKGROUND REQUEST: Special Permit Food Bank in an I-1 (Light Industrial).Zone 1. PROPERTY DESCRIPTION: Legal: Lots 19 to 24, Block 124, Pasco Land Company 1st Addition with the east half of the vacated north/south alley. General Location: 504 South Oregon Avenue Property Size: 20,250 square feet or approximately .47 acres 2. ACCESS: The property has access from Oregon Avenue and East Lytle Street. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The lot in question is zoned I-I (Light Industrial) and contains a building that has been used for industrial activities. All surrounding lands are also zoned I-1 and contain various industrial businesses. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for industrial uses. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANAYLSIS The property is zoned 1-1. The use proposed by the applicant (Food.Bank) falls within the definition of a Community Service Facility Level II. The Community Service Facility Level II is a permitted conditional use in a I-1 zone according to PMC 25.52.040 "permitted conditional uses," and PMC 25.86.020 "Unclassified Uses." Community Service Facilities can only be located in the community after review through the special permit process. The proposed facility will generate approximately 150 vehicle trips per day on peak operational days and 20-40 vehicle trips on off-days. The proposed facility will provide 30 to 40 pounds of food every week for each person served. The current facility serves around 430 families a week. The food bank primarily serves senior citizens. The food bank operates with a volunteer board and volunteer workers. About 15 people work at the food bank on the two main distribution days each week. The site is located on Oregon Avenue which is a truck route. The Food bank is currently housed on the same truck route—Ainsworth Avenue. The food bank is being displaced from its current location because of the construction of the Ainsworth overpass. One or more delivery trucks will be required to supply the food bank with several tons of food. INTIAL 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 located in an I-1 zone. 2. The site is located on a truck route. 3. Surrounding properties are used for industrial purposes. 4. The food bank serves primarily senior citizens. 5. The current food bank location is in an industrial zone. 6. The current food bank location is along a truck route. 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 conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 2 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Community Service Facilities are a permitted conditional use in I-1 Industrial Zones. 2) Will the proposed use adversely affect public infrastructure? A Community Service Facility will not adversely affect the public infrastructure more than any other light Industrial use. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The general character of the neighborhood is industrial. The intended character of the property is industrial uses. A Community Service Facility use is characteristic of light industrial uses. 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 food bank will locate in an existing building in an industrial area. The building will not be changed. s) 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? A Community Service Facility will not add more noise, fumes vibrations, dust, traffic, or flashing lights than would any other permitted uses within the district. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway urill become a nuisance to uses permitted in the district? The proposed site is located in an industrial area serviced by a truck route. The minimal activity generated two days a week will not endanger the public health, safety, or welfare or create a greater nuisance than that of other permitted uses within the area. 3 RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as read. MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to Golden Age. Food Share for the placement of Food Bank at 504 South Oregon Avenue with the following conditions: i (Proposed) Approval Conditions 1) The special permit shall be personal to. the applicant; 2) Food commodities shall not be stored outside the building; 3) The property shall be maintained in substantial conformity with the site plan submitted with the application; 4) The special permit shall be null and void if a business license has not obtained by January 5, 2006. 4 LAND USE MAP ITEM : SPECIAL PERMIT-FOOD BANK S APPLICANT: GOLDEN AGE FOOD SHARE FILE #: MF#05-63-SP coL�M�1 P E != t - PG�RMPN Q H r Oy l ty t 7 cn l 2— BNSF J 1 RAILYARDJX� I DIE: SITE l I 1 l t ! l t ZONING MAP S ITEM : SPECIAL PERMIT-FOOD BANK APPLICANT: GOLDEN AGE FOOD SHARE FILE #: MF#05--63- SP SITE S� r- r t tP •r �i �9l���I�'=.��=?=i9`J��I��;l��:��ee '111191&91�1i1I �lfllEiIIIIInlll NIIIII li IIIJ' ��!! 0I�fl I �! El1� � p fp�NII ullia>SHE PUe s9I9IE'e1si�����I�IIEL1BBI�@1I'!�I€i!l1i9illEillili 61111 if filiiiNl�lllll ! Ili HIM II �Illnl ii°l fill Ili CBI lip I�u 1110 11 ]HIM 0 1H�III�� I� IWI 6 � R h i n I � I fl 1919�i U!' IIII� � u�l II � 1111 ol��ii�i�`��INII �Inlll����l�l��� II� III II � II iiilil� !� IIIN IlNla II I!I D III fl II �Il[LIQ���1�II����II911'R!:��1�R111lII'a�'�IIl011111lfl�mRllllll�I ai III �i �lI � � ( � II un 11 f!I II!!a!Illi ( I III REGULAR MEETING May 26, 2005 PLANNING COMMISSION MINUTES MAY 26, 2005 C. Public Hearing: SPECIAL PERMIT: Golden Age Food Share (Ann Marie Montgomery, Golden Age Food Share) (MF# 2005-63-SP Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Golden Age Food Share) was requesting approval of a Special Permit for the location of a food bank ar 504 South Oregon Avenue. Staff explained the site was located in an industrial zone on a truck route. Staff reported that community service facilities require approval through the special permit process. Staff reported that a community service facility would not adversely affect the character of the area. Chairman McCollum asked if there were any questions of Staff. There were none. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Ann Marie Montgomery, 9806 Balflour Lane Pasco, stated that the current location at 5f and Ainsworth will be displaced when the new overpass is built on Ainsworth. The current location is 1000 square feet. Ms. Montgomery stated she wished the commission would hear from some of her clients. Tom Maxwell, 3517 N 109 A, Pasco stated he would be in real trouble if it was not for the food kitchen. He stated if the food kitchen was not available many people would miss meals. Commissioner Smurthwaite asked if the parking lot on the south side of the building would be open for use. Ms. Montgomery stated the parking lot would be open for the clients coming to use the facility. Commissioner Little asked how the Golden Age Food Share was going to deal with the waste at the new location. Ms. Montgomery stated the trash will be picked up three times a day. The perishable food will be kept in containers and be picked up once per day and taken to the pig farm out on Road 108 (Harris farm). Ms. Montgomery stated that they are currently paying rent at both Ainsworth and at the proposed location. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Rose moved the Planning Commission close the public hearing REGULAR MEETING May 26, 2005 PLANNING COMMISSION MINUTES MAY 26, 2005 on the special permit application. Initiate deliberations, and schedule adoptions of findings of facts, conclusions and a recommendation for the Planning Commission meeting June 16, 2005. Commissioner Hay seconded, motion carried unanimously. Staff explained there is a two step process. This month they conducted the public hearing. Next month they will review the findings of fact and make a recommendation to the city council. REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 B. Old Business: SPECIAL PERMIT: Golden Age Food Share Ann Marie MogUomeEy, Golden Age Food Share) (MF# 05-63-SPI Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Golden Ag o ;,aiare) was requesting approval of a Special Permit for a food boj'4 din Or ;', nue. Staff explained a public hearing was held at the last r "� r m e ' 3 t ;W0 , ublic. input was provided. The public hearing was close ;�d ration f ,tom "&W lopment of a recommendation were set for June Chairman McCollum asked if there were ax i w10 iris of Staff.' i aa-,=xr i is S s i c ssszi��i,.Yis. There were none. _ �, .s,._: •' ,iy Commissioner Hay moved the ssion i fide Findings of Fact as contained in the staff report. igs were raid' into the record as ff contained in the staff report.) `_ _' Commissioner Little seconded, r r ion c ad'u�n� ously. Commissioner Hay moved base'`on e finding§' of fact as adopted, the Planning Commission reeQ nd the qty CdV#61 grant a Special Permit to Golden Age Food Share f0 e placement a 'gbd Bank at 504 South Oregon Avenue with conditions as' `contained iri~the `staff report. (The conditions were read into the record at tbng) Commissipn. � tle secori' j� gotion. The motion carried unanimously. I, Staff dal pro S stated this item would go before the City nif t Coie nom,. . . meetin ;,::-:_T- aa SRI.;{•{Y {ZS W. SJI!�77y�M s{i.. i 13 S � f.>£1313� AGENDA REPORT NO. 49 FOR: City Council DATE: June 29, 2005 TO: Gary Crutchfi i Manager WORKSHOP: Richard J. Smi rector REGULAR: 7/5/05 Community an Economic Development FROM: David I. McDonald, City Plannei`*V --�- SUBJECT: SPECIAL PERMIT: Location of a Day Care at 1803 West Bonneville Street (MF# 05-76-SP) I. REFERENCEISI: A. Report to Planning Commission: 05/26/05 B. Planning Commission Minutes: Dated 05/26/05 & 6/16/05 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve a special permit for Jeff & Yolanda Robison to locate a Commercial Day Care at 1803 West Bonneville Street as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 26 2005 the Planning Commission conducted a public hearing to consider a special permit application for Jeff & Yolanda Robison for a Commercial Day Care at 1803 West Bonneville Street. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit Jeff & Yolanda Robison to locate a Commercial Day Care at 1803 West Bonneville Street. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(d) i REPORT TO PLANNING COMMISSION MASTER FILE NO: 05-76-SP APPLICANT: Jeff& Yolanda Robison HEARING DATE: 5/26/05 4212 W. Sylvester ACTION DATE 6/ 16/05 Pasco WA. 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Day Care at 1803 West Bonneville Street. I. PROPERTY DESCRIPTION: Legal: Lots 14-16, Block 9, Columbia Addition General Location: 1803 West Bonneville Street PropertVSize: 160 ft x 115 ft or 18,400 square feet 2. ACCESS: The site has access to Bonneville Street, 181h Avenue, and the alley in Block 9, Columbia Addition. 3. UTILITIES: All municipal utilities are available to the site. 3. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and contains a 2,400 square foot building which has been used in the past for a daycare facility. The property to the south is zoned C-1 and contains a motel and vacant restaurant. The property to the west is zoned R-3 and contains apartment buildings. Single-family homes, zoned R-1 (Low Density Residential) are located to the north and east. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the transition between commercial and low density residential. The plan does not specifically address day care centers, but various elements of the plan encourage protection of the established residential character. Policies of the plan also encourage locating businesses in appropriate locations for their anticipated uses and provision of adequate off street parking. Policies of the plan encourage the provision of services. in close proximity to the residences they serve. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. i ANALISYS The site contains a 2,400 square foot office building that is currently vacant. The building is oriented to the intersection of 181h Avenue and Bonneville Street with a paved parking lot located between the building and intersection. The applicant's proposal involves the operation of a daycare center for up to 50 children. The site is large enough to accommodate a play area for 25 to 30 children at a given time. The site is located close to Lewis Street, which is a major east/west arterial and as such has good access. Although the proposal is not specifically considered as a commercial use, they do share some characteristics. The additional traffic generated by the daycare will not exceed that typically generated by uses permitted in the underlying C-1 zone. The parking area in front of the building is paved and landscaping improvements exist on the site. The previous day care facility erected fencing around the playground area. The applicant does not propose to change the playground area. INTIAL 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 located in a C-1 zone. 2. The building was originally built for a law office and used as such for many years. 3. The property was recently used as a daycare facility with a license for up to 50 children. 4. The site is developed with a parking lot landscaping and a fenced playground area. 5. A motel is located directly to the south. 6. Apartment buildings are located to the west. 7. Residential neighborhoods are located to the north and east. 8. A State license will be required for the operation of a daycare facility. 2 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 conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance uiith the goals, policies, objectives and text of the Comprehensive Plan? Day-Care Centers are not specifically discussed in the Comprehensive Plan, but various elements of the plan encourage locating businesses in appropriate locations for their anticipated uses and provision of adequate off street parking. The site is located along a minor collector street and near a major arterial. Policies of the plan encourage the provision of services in close proximity to the residences they serve. A residential neighborhood is located to the north and east of this site. 2) Will the proposed use adversely effect public infrastructure? A minor collector street as well as all municipal utilities serve the proposed site. The utilities serving the property are sized to serve utility demands of greater intensities than the proposed use. 2) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Surrounding propert ies are developed with a mix of commercial and residential land uses ranging from a motel to apartments, duplexes and single-family homes. 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 This proposal involves utilizing an existing single-story structure. The apartment buildings to the west and motel to the south are both two- story structures. 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? 3 The C-1 zoning allows a wide variety of land uses including restaurants, taverns, carwashes, automotive repair and other retail uses which typically generate more noise, fumes and vibrations than the proposed use. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The traffic and noise generated by this use will have a very low probability of creating a nuisance for surrounding properties. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as read. MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to Jeff & Yolanda Robison for a Commercial Day Care at 1803 West Bonneville Street with the following conditions: (Proposed) Approval Conditions 1) The special permit shall be personal to the applicant; 2) The property shall be maintained in substantial conformity with the site plan submitted with the application; 3) The applicant shall maintain a current Department of Social and Health Service license at all times for the activities allowed within the buildings; 4) The number of children allowed shall be determined by the strict application of the DSHS day care criteria and shall in no case exceed 50 children; 5) The applicant shall maintain a play area and play area fencing sufficient to meet the requirements of the Department of Social and Health Services; 6) The pick-up and drop-off area shall not be in the public right-of-way; 7) The special permit shall be null and void if a business license has not obtained by January 5, 2006. 4 VICINITY MAP ITEM : SPECIAL PERMIT DAY CARE CENTER I APPLICANT: Robinson M F#05—76—SP W. HOPKINS ST w j Q Q co z SITE ' z -J W. BONNEVILLE ST w � Ey1,�S W. C LARK ST ST LAND USE MAP ITEM: SPECIAL PERMIT DAY CARE CENTER g APPLICANT: Robinson MF#05-76—SP W. HOPKINS ST L L ` w Q s Q 00 z SITE z w W. BONNEVILLE ST ,w C W. C LAIR K ST ST it ZONING MAP ITEM: SPECIAL PERMIT DAY CARE CENTER i APPLICANT: Robinson MF#05-76—SP '1 W. HOPKINS S T R Li w > > Q Q co E:l SITE z W. BONNEVILLE ST W. CLARK ST ST A.,j ♦I 1 IA cri 5 a REGULAR MEETING May 26, 2005 PLANNING COMMISSION MINUTES MAY 26, 2005 D. Public Hearing: SPECIAL PERMIT: Robison Daycare, (Jeff Robison) (MF# 05-76-SP) Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Jeff Robison) is requesting approval of a Special Permit for a Daycare. Staff explained the proposed location is a vacant office building with a paved parking lot. Staff noted the location was in close proximity to Lewis Street. Staff also noted the previous occupant in this building was a daycare. The site currently has fencing and a play area adequate for the proposed daycare. Chairman McCollum asked if there were any questions of Staff. Chairman McCollum asked staff what happened to the daycare previously located on the premises Staff responded the previous daycare encountered management problems and was no longer in business. Commission Little asked if the property had enough parking. Staff responded that the parking ratio is not based on the number of children because the children are picked-up and dropped-off at different times throughout the day. Commissioner Mosebar asked if the facility was already designed and ready to accept children. Commission Mosebar also asked when the day care went under. Staff responded by confirming the facility was ready to handle children and referred the second part of the question to the owner. Jeff Robison, 4141 stated his last rent check was received in February, and he believed the daycare had stopped operating in October. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Jeff Robison, 4141 West Sylvester Pasco, WA, stated he owned the property where the proposed daycare would be located. He stated that all the modifications have been made to the building to pass state licensing for a daycare. Mr. Robison stated that while it will be licensed for 50 children, in his experience not every child will be dropped off at the same time and many families drop off between two and five kids, as a result he does not feel parking, traffic or congestion will be an issue. Chairman McCollum asked if the building had been altered in and way since the previous daycare was closed. REGULAR MEETING May 26, 2005 PLANNING COMMISSION MINUTES MAY 26, 2005 Mr. Robison stated that nothing had been changed. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Mosebar moved the Planning Commission close the public hearing on the special permit application. Initiate deliberations, and schedule adoptions of findings of facts, conclusions and a recommendation for the Planning Commission meeting June 16, 2005. Commissioner Hay seconded, motion carried unanimously. REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 C. Old Business: SPECIAL PERMIT: Robison Daycare, Jeff Robison) (MF# 05-76-SP) Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Jeff 8I Yol 1 ( on) was requesting approval of a Special Permit for a Day Card in #! 414;E�w Office at 1803 West Bonneville Street. Staff explained a pubi l paring-'I'w, _ S, at the last regular meeting, where public input was prove The p�li was closed and deliberations for the development of a g atiori _ M 10une 16, 2 005. ,3 °;��;°_, Chairman McCollum asked if there were a r 1A��bul s of Staff. There were none. Commissioner Little moved the Map ni .... isst©ra€ ~�d -pt the Findings of Fact as contained in the staff repot ' ' + cgs were"rd into the record as contained in the staff report.) Commissioner Mosebar seconded} motion eirrie �nmously. Commissioner Little moved ,based on the fin�lit7gs of fact as adapted, the Planning Commission riend thet co, grant a Special Permit to Jeff Yolanda Robison„firCommer #a Iy Care at 1803 West Bonneville Street with conditions o�antained in 'tke staff report. (The conditions were read into the record at;thy hing) Commassignel l osebar` i s qje d the motion. The motion carried unanirQt ( ! i r, _ k',, Staff ied tom, processdi"stated this item would go before the City cc "' eeting. s at the next r Hi��i.•; a, M r.:. gg The, On 3L lw- -c ... i3£r.. AGENDA REPORT NO. 50 FOR: City Council DATE: June 29, 2005 TO: Gary Crutchfield, City Manager WORKSHOP: Richard J. Smith, Director REGULAR: 7/5/05 Community and Economic Development FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT: Balcom & Moe Parking Lot (535 N. 1St Ave) in an 1-1 (Light Industrial) Zone (MF# 05-85-SP) I. REFERENCE(S): A. Report to Planning Commission: 6/16/05 B. Planning Commission Minutes: 6/16/05 II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: MOTION: I move to approve a special permit for Balcom & Moe to locate an off-site parking lot at 535 N. 18t Ave. as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 26 2005 the Planning Commission conducted a public hearing to consider a special permit application for Balcom & Moe for an off-site parking lot at 535 N. 1 sc Ave. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit Balcom & Moe to locate an off-site parking lot at 535 N. lst Ave. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(e) REPORT TO PLANNING COMMISSION MASTER FILE NO: 05-85-SP APPLICANT: Balcom & Moe HEARING DATE: 06/ 16/05 707 N lst Street ACTION DATE: 06/ 16/05 Pasco WA BACKGROUND REQUEST: Special Permit -- Parking Lot in an I-1 (Light Industrial) Zone 1. PROPERTY DESCRIPTION: Legal: Lots 1, 2, 3, 4 and 18 Block i of NP 1St Addition, together with adjoining vacated alley General Location: 535 N 1St Street Property Size: approximately 19,600 square feet or approximately .45 acres 2. ACCESS: The property has access from 1st Avenue. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The lot in question is zoned 1-1 (Light Industrial) and is vacant. The property to the east contains the City's Multi-Modal facility and parking lot. The property to the west is zoned R- 3 (Multi-Family Residential) and is developed with a city playing field (part of the civic center property). The Balcom & Moe packing sheds and truck parking are located to the north. The Balcom & Moe property is zoned I-1. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for industrial uses. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANAYLSIS The property is zoned 1-1 and owned by the City of Pasco. The property was acquired by the City as a part of the Multi-Modal project. As the Multi-Modal facility was developed a portion of the property fronting 18t Avenue was not needed for parking or buildings. Balcom & Moe has approached the City with a request to lease part of the unused City property for a parking lot. The use proposed by the applicant (Balcom & Moe's) falls within the definition of an off- site parking lot. Off-site parking lots are a permitted conditional use in an I-1 zone according to PMC 25.86.020 "Unclassified Uses." Off-site parking lots can only be located in an I-1 Zone after review through the special permit process. The proposed off-site parking lot will contain approximately 38 parking spaces. A parking lot of this size could generate about 228 vehicle trip per day if the Balcom & Moe buildings were operating 24 hours a day. Peak traffic would occur at shift changes. During the work shifts there would be minimal traffic generated by the proposed parking lot. INTIAL 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 located in an I-1 zone. 2. The site is currently vacant and unimproved. 3. The Balcom & Moe packing facility is located directly to the north of the proposed site. 4. The south side of the Balcom & Moe property is used for truck parking and circulation. 5. The City's Multi-Modal parking lot is directly to the east of the proposed site. 6. Multi-modal patrons could use the proposed parking lot without fencing or other barrier for separation. 7. A City playing field and City Hall with parking facilities is located to the west across 1St Avenue. 8. Parking lots are required to be landscaped per PMC 25.76 9. Drainage is required to be retained on site. 10. The parking lot standards of PMC 25.78 will require the parking lot to be hard-surfaced. f 2 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 conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 11 Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Off-site parking is not specifically addressed in the Comprehensive Plan. The comprehensive Plan indicates the property in question should be designated for industrial uses. Off-site parking is a permitted conditional use in I-1 Industrial Zones. 2) Will the proposed use adversely affect public infrastructure? Parking lots have minimal to no demand on public infrastructure such as water and sewer services. The proposed parking lot could help lessen congestion on 1st Avenue by providing off street parking for additional employees. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposal will enhance the character of the area by elimination of an unimproved vacant lot. 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 thereop The off-street parking lot will be located in an industrial area. The off-street parking lot will not discourage the development of permitted uses on property in the general vicinity nor will it impair the value of surrounding properties. 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? 3 An off-site parking lot will not add more noise, fumes vibrations, dust, traffic, or flashing lights than would any other permitted uses within the district. A landscaped parking lot would create less commotion than other uses allowed in the I-1 zone. Dust will be eliminated by the paving and glare will be controlled by landscaping. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed parking lot improvements will serve to enhance the neighborhood. The parking lot could help lessen congestion on the street by providing additional off street parking spaces. RECOMMENDATION (There is a critical time frame associated with this proposal with respect to a new business trying to locate in the City that necessitate this matter being heard and acted upon in one meeting) MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as read. MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to Balcom & Moe for an off-site parking lot at 525 N. 1St Ave with the following conditions: (Proposed) Approval Conditions 1) The special permit shall be personal to the applicant; 2) The property shall be developed in substantial conformity with the site plan submitted with the application except as amended herein; 3) The parking lot shall be developed in conformance with PMC 25.78.090; 4) The parking lot shall be landscaped in conformance with PMC 25.76; 5) No direct access is permitted to 181 Avenue or the Multi-Modal driveway; 6) Parking lot access shall be through the Balcom & Moe property to the north; 4 7) A 3 1/2 foot fence must be installed to separate the Multi-Modal parking lot and driveway from the proposed parking lot; 8) The special permit shall be null and void if a building permit has not obtained by August 1, 2007. 9) The requirement for obtaining a building permit may be extended for one year. 5 VICINITY MAP ITEM : SPECIAL PERMIT Off--Site Parking Lot in a C-1 Zone E APPLICANT: Bolcom & Moe FILE #: 05- 85—SP i i f t f r ; � Z v Cel" Cn 2 i LAND USE ITEM : SPECIAL PERMIT Off—Site Parking Lot in a C-1 Zone APPLICANT: Bafcom & Moe FILE #: 05-85—SP IRE SALES I pIAN ' VACANT, r fro � m I PRG PREP 5� � �i 0 W N� oN DER 5� Yo ZONING MAP ITEM: SPECIAL PERMIT Off—Site Parking Lot in a C-1 Zone APPLICANT: Balcom & Moe FI LE #: 05—85—SP D < m eONe PRGPREZ ? M N 0 I �1• N S��S�ER W• � c� � i � 1 SNOSNONE S� v I � a A { 0 0 ' � a a � I q I ! 111 11 IlTTTTI: g �I 4 I i � F lid If zz,. . -LLF 3 ' I I I 1 , ! y f-------------s----_...._-----'--------- -- 7a8� 82!5.€7 REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 C. Public Hearing: SPECIAL PERMIT: Balcom & Moe Inc, (Balcom & Moe Inc) IMF# 05-85-I1 Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Balcom 8s ;;;woe, Palcom & Moe Inc) is requesting approval of a Special Permit for parking lot. Staff reported that the proposed site is in an I l za A is currently vacant, unimproved and owned by the City. Sff3 eportaec harking lot of this size could generated up to 228 trips per da assumm 'th i 4}ng adjacent to it is operating on a 24 hour schedule Sipld the'`� i+ process py for a special permit was two months. HoW"gr sere was a sUnr r '`frame on this application because the community w`"W: bring in a Mt',onal firm to used the Balcom & Moe building. Thecnpany needed to begin placing equipment in the building by July 18t" Chairman McCollum asked if there wre'.arky questions sbf staff. Commissioner Smurthwaite asked '`il` the envay into tie parking lot would be paved as well. Staff responded that the first �0 feet of fide entry way will be required to be paved. Commissioner Smurthwaite_ stated thgt fast; m` onth Golden Age Food Share asked for the process tq be sped up ande were told the process is a two step process. Commissions "r-thwaite stated'she does not feel it is proper to deny one person and act her. Commisstp�neRas stated `iili t .s was a no brainer, he felt the Commission could t � tin this ,{ CH $1,"JAN MCCOL .� {, PENEI 'THE PUBLIC HEARING AND ASKED IF TH WAS ANY ONl✓'`1 ENT THAT WISHED TO SPEAK ON THIS MATTER. . �'� . .Forke, 496 He Hills Richland, stated that two multi-national co mpg il are looking the in by mid-July. One of them needs additional _ t Chairman 1� + 1i, lee how many jobs will be created. Mr. O'Rorke ``��t one company will create 300 seasonal jobs, and the z,e. other will create amt 80 full time positions. Commissioner Rose asked if the Mr. O'Rorke would continue his operation on site as well. Mr. O'Rorke replied he would continue his operation as well. Mr. O'Rorke explained one company would operate 365 days a year, how busy it is would fluctuate with the holidays and seasons. The other would be a seasonal plant REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June lb, 2005 operating during harvesting season. Commissioner Rose asked if the parking lot would be available for over flow of the multimodal facility. Mr. O'Rorke explained that it would not be available for overflow until the lease expired, and then the city could do as they wished with the parking lot. Commissioner Smurthwaite asked how long g the , � ns about leasing the building have been in process. Mr. O'Rorke stated one of the companioF beeriz Ion for about two and a half months, the other one for duel" ire W, Commissioner Mosebar asked if the com an `3 v�rotd jneed the building before next year comp an - Mr. O'Rorke explained they would not be pracessi °aaragus until next year but the company wants to move equipment in sometime JhpAugust. The other company wishes to move equipment.fn ,fly 1 th. Following three (3) calls from Chqii*An.11�c�c l�u for comment from the floor, either for or against, the public ii a ng W& d�0lartd closed. Chairman McCollum opened the or for. ommtssion`discussion. Y,. Commissioner Mosebar agre with COmissxc�nr Rose that the decision is a no brainer, but he also `f=ees wrtii Cmioner Smurthwaite that the Commission made a #067 rofit organkz4- i 'wait and go through the two month process. Commissio py,�r Srzaurthwaite ' if the discussion has been going on for two s*i5 T°' and a hdf riih y was tl0 -ought to the Commission sooner. Staff, onded' �� staff: sta W not informed until approximately three wee -ago. 0'"W, an McCollum sta that the watch word of economic development is 5 t i", . Coilimp Gundy as Twhat the purpose of waiting would be. Commissar'urth fe responded that the purpose of waiting would be to not show fad one proposal verse another. Commissioner R'a '<< fated that this was no comparison between this proposal and other more th`rse complex developments, there is not even a structure being built, so the Commission should put it on through. Commissioner Rose moved the Planning Commission adopt the Findings of Fact as contained in the staff report. (The findings were read previously by Staff) Commissioner Gundy seconded, The motion carried with an opposing votes REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 from Commissioners Smurthwaite, Mosebar, and Hay. Chairman McCollum voted in favor of the motion breaking the tie. Commissioner Rose moved based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a Special Permit to Balcom & Moe for an off-site parking lot at 52; N 1st Ave with conditions as contained in the staff report. (The conditions wes �v�.,E. d by Staff.) � Commissioner Little seconded, the motion arried -"ti:#ri opposing votes from i�� _,4r:3t commissioners Smurthwaite, Mosebar, d 'ay. y .I t, favor of the motion breaking the tie. jlili McCollum voted in N ,l.`3: .i. .is$,.t S •..:.. ..ice:. 't!£3 ? i:zs.:. .i��.i:x�`»'�. :iu!:vi :^az'•;?�:;:.. ..£;:. '^:�'1;i;?s.s^.°•::... ;t2:7 °i:rs"{ie'Ili��'�,.:�ic�a^,. .,;t s.�: �3?{ji£j?£�., •:.s:;:;i:i:::w:;ss..::.::x!i'':i3: .'�:i£'�is�;:{n,v,iiYZi�T: :•Si.ai:ciiii�C��'z}�'!� 'Iii.i:3i'£ ii.{i '.i::Fi•�:iii::,•,s:,�.. x ;: .'•i:3iY:°''�::" '36:ii',—!i'�r?�> ^��;ii; •s:: T,�al lCT��:C SrR:i �£7?ii71>,lj?1'Y3�`. :ilti.:'. n °iE{cr���:'ifii3. ..irsii{:•i'rs&.i°;ri;�.... ';"=�:T;'T,='i?�(!Ij'� iii•.I.Ii���z;r,�i-.'�•'ji�i "!!iil :i:'4a' 'c'::i'r'sl::•,. �'a3Ti:: ':i `iis;£::ii3::=..:£{:iii:;:i{s.i''=.i:�£ t'1!ii£;i-, x6 esipsuis?i ` 3„'.,'r '�J's�3�3':.i''• AGENDA REPORT NO. 51 FOR: City Council DATE: June 29, 2005 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi WC ctor REGULAR: 7/5/05 Community andt Economic Development FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT: Van Transportation services from the Colimas Bakery at 1320 N. 4th Ave.(MF# 05-77-SP) I. REFERENCE(S): A. Report to Planning Commission: 05/26/05 B. Planning Commission Minutes: Dated 05/26/05 & 6/ 16/05 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for Daniel Mendoza to locate a Van Transportation service at the Colimas Bakery located at 1320 North 4th Avenue as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 26, 2005 the Planning Commission conducted a public hearing to consider a special permit application for Daniel Mendoza for Van Transportation services from the Colimas Bakery located at 1320 North 4th Avenue. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit Daniel Mendoza to operate a Van Transportation service from the Colimas Bakery located at 1320 North 4th Avenue. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(f) REPORT TO PLANNING COMMISSION MASTER FILE NO: 05-77-SP APPLICANT: Daniel Mendoza HEARING DATE: 5/26/05 1320 N. 4th Ave ACTION DATE 6/16/05 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Van Transportation services from the Colimas Bakery 1. PROPERTY DESCRIPTION: Legal: Sydney Addition Lot 1, Block 1. Parcel Number: 112-011-073 General Location: 1320 North 4th Avenue Property Size: 16,500 sq. ft. or approximately .38 acres. 2. ACCESS: The site has access from north 4th Avenue to the east. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) as are surrounding properties. Surrounding properties are developed with commercial businesses. 5. COMPREHENSIVE PLAN: Policies of the Transportation element (Vol. I, page 55) of the plan encourage van pooling and providing alternative methods of transportation. Other policies of the plan address locating businesses in appropriate locations. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The applicant is proposing to use the Colimas bakery at 1320 N. 4th Ave as an office and boarding area for van services between Pasco and California. Similar transportation businesses have been authorized by Special Permit in recent years for locations in the central business area and at the corner of 10th and Sylvester Street. Tickets will be sold and information dispensed from the proposed office within the bakery building. The bakery parking lot will be used not more than once a day for loading or unloading a van. Only one van will be on the site at any given time. With two vans in the proposed fleet departures and arrivals will be minimal. The vans would be stored at 3712 Janet Street when not in use. Janet Street is located in the County north of the city limits. The Washington State Patrol does not require special licensing of vehicles rated for under 16 passengers. The City, however, has regulations that require all for-hire vehicles to pass an annual inspection to ensure each vehicle is in safe operating condition. Vehicles have to be clean and properly equipped as well as being in safe operating condition. Divers of for-hire vehicles must also obtain a City permit to operate a for-hire vehicle within the City limits. INTIAL 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 located in a C-1 zone. 2. A bakery is located on the site. 3. Vans will not be stored on the site. 4. Only one van will be on-site at a time. 5. There are currently only two vans in the fleet. 6. Van loading and unloading will occur periodically. 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 conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: I) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The plan encourages van pooling and providing alternative methods of transportation. 2) Will the proposed use adversely affect public infrastructure? All municipal utilities serve the site with adequately sized lines. The proposed use is not anticipated to generate significant demands on the infrastructure. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? There will be no changes to the character of the general vicinity resulting from this activity. 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? No changes are planned for the building and property. The property will continue to be use for commercial purposes. 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? One additional van parking from time to time in the area would not appear to create objectionable noise, fumes and other nuisances. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Use of the property for a ticket office and periodic passenger pick up will not alter public health or safety. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as read. MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to Daniel Mendoza for Van Transportation services from the Colimas Bakery located at 1320 North 4th .Avenue with the following conditions: 1) The special permit shall be personal to the applicant; 2) The vehicles utilized for the transportation business shall be limited to 15 passenger vans or smaller; 3) No more than two vans shall be utilized for the business; 4) No more than one van will be at 1320 North 4th Avenue at any given time; 5) When not in use the 15 passe ge all vans shall be stored at an approved off-site location; 6) All repairs, servicing, and cleaning of the vans shall take place at an approved off-site location; 7) 1320 North 4th Avenue shall not be used more than once per day to load or unload passengers; 8) Passengers seeking transportation shall not arrive to the location, 1320 North 4th Avenue, earlier than two hours before scheduled departure. 9) The applicant shall maintain all necessary governmental approvals and licenses required for the operation of the van transportation business; 10) The special permit shall be null and void if a City of Pasco business license is not obtained by January 5, 2006. i i 3 VICINITY MAP ITEM : SPECIAL PERMIT Van Transportation in a C- 1 Zone APPLICANT: Daniel Mendoza FILE #: M F#05—77— SP ' liv AGATE ST USY ST „ e� I � I I i I = COURT ST D 7i S� 1 W MARIE 5T I /1 I \� I LAND USE MAP ITEM: SPECIAL PERMIT Van Transportation in a C--1 Zone II APPLICANT: Daniel Mendoza FILE #: M F#05-77-SP _ AGATE ST l^ e PEA e� I i -P 4 = o C NU RT ST 4 iL sates A It � � e ' r � CAR SALES c1� W MARIE ST I Q �- A '- 1 ZONING MAP ITEM : SPECIAL PERMIT Van Transportation in a C-1 Zone APPLICANT: Daniel Mendoza FILE #: M F 05--77—SP } AGATE ST MMY ,T i I i = C URT ST D rn r � � W MARIE ST eeiAvE I Q I I L 4 l I ! 7/7, REGULAR MEETING May 26, 2005 PLANNING COMMISSION MINUTES MAY 26, 2005 E. Public Hearing: SPECIAL PERMIT: Colima Transportes, (Daniel Mendoza, Colima Transportes) (MF# 2005-77-SP) Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Daniel Mendoza, Colima Transportes) was requesting approval of a Special Permit for Colima Transportes. Staff explained the application was a request for a transportation service that will transport people from Colima's Bakery on 4th Street to California. Staff reported that the bakery will sell tickets, and the bakery parking lot will be used not more that once per day to load and unload the passengers. The fleet will consist of two vans and only one will be parked in the parking lot at any given time. Staff noted the vans will be stored off site at property that lies within the county when not in use. Staff reported that site is located in a C-1 zone, and no changes are planned to the existing structure. Chairman McCollum asked if there were any questions of Staff. Commissioner Little stated that one of the previously approved transportation companies changed oil and motors on site, as well as had more than one van parked on site at one time. Commissioner Little wanted to make sure that these guidelines will be enforced. Commissioner Anderson stated the conditions of approval need to be enforced. Staff reported that previous transportation companies have been citied for violations and have been in front of the Code Enforcement Board many times and paid a lot of money. Commission Mosebar asked if there would be anything in the recommendations to restrict the size of the vans to 15 passengers to prevent 40 passenger busses from being used. Staff responded that there was currently nothing in the conditions limiting the size but could be included per the Planning Commissions request. Staff noted the purpose of this hearing is to receive testimony and feedback to help staff create a list of conditions. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Ries Lobos, Mr. Mendoza Representitive, stated that they would not be transporting over 15 people in a van because it would require a different license and insurance that costs a lot more. Mr. Lobos also stated that the only thing that would take place in the city would be picking up passengers, REGULAR MEETING May 26, 2005 PLANNING COMMISSION MINUTES MAY 26, 2005 storage and repair would take place off site. Comissioner Mosebar asked for clarification on the pick-up and drop-off schedule. Mr. Lobos responded by clarifying the pick-up and drop-off would not be every day but rather three or four times a week. Commissioner Mosebar asked if the tickets would be for sale within the bakery. Mr. Lobos stated that tickets would be avalible in the bakery as well as by phone. Commissioner Mosebar asked if the ticket office would be open on a daily bases. Mr. Lobos stated it would be open on a daily bases. Commisioner Mosebar asked what the likelihood of an individual coming buying a ticket and waiting there for the next avalible ride. Mr. Lobos stated that the trips will be scheduled, not every day, so it is not likely someone will buy a ticket and camp out in front of the bakery untill the next bus leaves. Mr. Lobos stated the business will not be like Greyhound where people camp out waiting for the next avalible ride. Commissioner Mosebar asked staff if surrounding properties are notified when someone applies for a permit such as this Staff responded that all property owners within 300 feet were notified. There was also a notice placed in the paper stating the time of this public hearing. Commission Smurthwaite stated that she wished to make very certain and clear that the conditions of approval include no vans over 15 passenger as well as no auto repairs allowed on site. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Little moved the Planning Commission close the public hearing on the special permit application. Initiate deliberations, and schedule adoptions of findings of facts, conclusions and a recommendation for the Planning Commission meeting June 16, 2005. Commissioner Mosebar seconded, motion carried unanimously. REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 D. Old Business: SPECIAL PERMIT: Colima Transportes, (Daniel Mendoza, Colima Transported (MF# 05-77-SP) Chairman McCollum read the master file number and asked for the Staff report. - Staff reported that the applicant (Daniel Mendoza'` requesting approval of a Special Permit for a van transportation set`ere. St� alained a public hearing was held at the last regular meeting, .-here pubi nut ;was provided. The public hearing was closed and del 0.1vtrt .nt of a recommendation were set for June 16, 2Q '; Staff reviewed the°;retnmended conditions of approval for the benefit of the Plxz� sg_Commisslor :- Chairman McCollum asked if there were any`que fd Staff. Commissioner Mosebar moved the Planning CommisW",,", i' pt the Findings of Fact as contained in the staff report, ( ' fi xdings were dead into the record as contained in the staff report.) Commissioner Hay seconded, motion carried urianimopsly. Commissioner Little suggested changing conditiQri xlumber five to read: When not in use all 'vans shall be stared at an approved off site location. x; .; Commissioner Mosebareorided. Commissioner Mosebar`,rnQv ed;,based on the findings of fact as adopted, the P Planning Comrq'ission record`xienc the City Council grant a Special Permit to Daniel e d z, ' r flan Tran,,' tion services from the Colimas Bakery locate r 4th Avenue nth conditions one through four and six throug _ten as cori rain the staff report and condition five as amended. Gorrxmssioner Hay sec 1' the motion. The motion carried unanimously. Stafif explained the appecess and stated this item would go before the City Comet the next re eeting. s!;i3iic4'SaidCr,Se:�:a ,:«s!' ki_,